42 U.S.C. § 4846

State laws superseded, and null and void

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It is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and units of local government insofar as they may now or hereafter provide for a requirement, prohibition, or standard relating to the lead content in paints or other similar surface-coating materials which differs from the provisions of this chapter or regulations issued pursuant to this chapter. Any law, regulation, or ordinance purporting to establish such different requirement, prohibition, or standard shall be null and void.

Notes of Decisions

Cited in 5 cases, 1986–1995 · leading case: Nat'l Broiler Council v. Voss, 44 F.3d 740 (9th Cir. 1994).

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Nat'l Broiler Council v. Voss, 44 F.3d 740 (9th Cir. 1994). “§ 360k(a) (the MDA) (same); 42 U.S.C. § 4846 (Lead-Based Paint Poisoning Prevention Act of 1973) (pre-empting state laws which “provide for a requirement, prohibition or standard which differs from” federal law); 15 U.”

Ohio Mfrs.' Ass'n v. City of Akron, 801 F.2d 824 (6th Cir. 1986). “§ 1476 (1982); Lead-Based Paint Poison Prevention Act, 42 U.S.C. § 4846 (1982); Motor Vehicle Information and Cost Savings Act, 15 U.”

Williams-Ward v. Lorenzo Pitts, Inc., 908 F. Supp. 48 (D. Mass. 1995). “The FLPPPA does contain an express pre-emption provision, 42 U.S.C. § 4846 , which provides in part: It is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and units of local government insofar as they may now or…”

Resolution Trust Corp. v. California, 851 F. Supp. 1453 (C.D. Cal. 1994). “§ 360k(a) (the MDA) (same); 42 U.S.C. § 4846 (Lead-Based Paint Poisoning Prevention Act of 1973) (pre-empting state laws which “provide for a requirement, prohibition or standard which differs from” federal law); 15 U.”

Ohio Mfrs.' Ass'n v. City of Akron, 628 F. Supp. 623 (N.D. Ohio 1986). “§ 1476 (1982); Lead-Based Paint Poison Prevention Act, 42 U.S.C. § 4846 (1982); Motor Vehicle Information and Cost Savings Act, 15 U.”

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