美国联邦法规 16 CFR 1303 含铅油漆和某些带有含铅油漆的消费品的禁令 原文和译文Word下载.docx

1、Sec.1303.1 Scope and application.1303.2 Definitions.1303.3 Exemptions.1303.4 Banned hazardous products.1303.5 Findings.AUTHORITY: Secs. 8, 9, 86 Stat. 12151217, as amended 90 Stat. 506; 15 U.S.C. 2057,AMENDMENT: Secs. 8, 9, 86 Stat. 12151217, as amended 90 Stat. 506, 122 Stat. 3016, （15 U.S.C. 2057,

2、 2058）, Sec. 101, 122 Stat. 3016. （Effective Date（s）: August 14, 2009）SOURCE: 42 FR 44199, Sept. 1, 1977, unlessotherwise noted. 1303.1 Scope and application.（a） In this part 1303, the Consumer Product Safety Commission declares that paint and similar surface-coating materials for consumer use that

3、contain lead or lead compounds and in which the lead content （calculated as lead metal） is in excess of 0.06 percent （0.06 percent is reduced to 0.009 percent effective August 14, 2009 as mandated by Congress in section 101（f） of the Consumer Product Safety Improvement Act of 2008, Pub. L. 110314） o

4、f the weight of the total nonvolatile content of the paint or the weight of the dried paint film （which paint and similar surface-coating materials are referred to hereafter as “lead-containing paint”） are banned hazardous products under sections 8 and 9 of the Consumer Product Safety Act （CPSA）, 15

5、 U.S.C. 2057, 2058. （See parts 1145.1 and 1145.2 for the Commissions finding under section 30（d） of the Consumer Product Safety Act （CPSA） that it is in the public interest to regulate lead-containing paint and certain consumer products bearing such paint under the CPSA.） The following consumer prod

6、ucts are also declared to be banned hazardous products:（1） Toys and other articles intended for use by children that bear “lead-containing paint”.（2） Furniture articles for consumer use that bear “lead-containing paint”.（b） This ban applies to the products in the categories described in paragraph （a

7、） of this section that are manufactured after February 27, 1978, and which are “consumer products” as that term is defined in section 3（a）（1） of the Consumer Product Safety Act. Accordingly, those of the products described above that are customarily produced or distributed for sale to or for use, co

8、nsumption, or enjoyment of consumers in or around a household, in schools, in recreation, or otherwise are covered by the regulation. Paints and coatings for motor vehicles and boats are not included within the scope of the ban because they are outside the statutory definition of “consumer product”.

9、 In addition to those products which are sold directly to consumers, the ban applies to products which are used or enjoyed by consumers after sale, such as paints used in residences, schools, hospitals, parks, playgrounds, and public buildings or other areas where consumers will have direct access t

10、o the painted surface.（c） The Commission has issued the ban because it has found （1） that there is an unreasonable risk of lead poisoning in children associated with lead content of over 0.06 percent in paints and coatings to which children have access and （2） that no feasible consumer product safet

11、y standard under the CPSA would adequately protect the public from this risk. AMENDMENT: （c）The Commission has issued the ban because it has found that there is an unreasonable risk of lead poisoning in children associated with lead content of over 0.06 percent in paints and coatings to which childr

12、en have access and that no feasible consumer product safety standard under the CPSA would adequately protect the public from this risk. The 0.06 percent is reduced to 0.009 percent effective August 14, 2009 as mandated by Congress in section 101（f） of the Consumer Product Safety Improvement Act of 2

13、008, Public Law 110314.（d） Any ban or rule promulgated under 16 CFR 1303.1 shall be considered a regulation of the Commission promulgated under or for the enforcement of section 2（q） of the Federal Hazardous Substances Act （15 U.S.C. 1261（q）. 1303.2 Definitions.（a） The definitions in section 3 of th

14、e Consumer Product Safety Act （15 U.S.C. 2052） shall apply to this part 1303.（b） For purposes of this part:（1） Paint and other similar surface-coating materials means a fluid, semi-fluid, or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film

15、 when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface. This term does not include printing inks or those materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded t

16、o the substrate, such as by electroplating or ceramic glazing.（2） Lead-containing paint means paint or other similar surface coating materials containing lead or lead compounds and in which the lead content （calculated as lead metal） is in excess of 0.06 percent （0.06 percent is reduced to 0.009 per

17、cent effective August 14, 2009）by weight of the total nonvolatile content of the paint or the weight of the dried paint film.（3） Toys and other articles intended for use by children means those toys and other articles which are intended to be entrusted to or for use by children. This would not inclu

18、de all articles to which children might have access simply because they are present in a household.（4） Furniture article means those movable articles: （i） Used to support people or things; （ii） other functional or decorative furniture articles, including, but not limited to, products such as beds, b

19、ookcases, chairs, chests, tables, dressers, desks, pianos, console televisions, and sofas. The term “furniture article” does not include appliances, such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers, and dehumidifiers; fixtures such as bathroom fix

20、tures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or wall hangings and draperies. 1303.3 Exemptions.（a） The categories of products listed in paragraph （b） of this section are exempted from the scope of the ban established by this pa

21、rt 1303, provided:（1） That these products bear on the main panel of their label, in addition to any labeling that may be otherwise required, the signal word “Warning” （unless some other signal word is required） and the following statement: “Contains Lead. Dried Film of This Paint May Be Harmful If E

22、aten or Chewed.”（2）（i） That these products also bear on their label the following additional statement or its practical equivalent:Do not apply on toys and other childrens articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children.Do not apply on

23、exterior surfaces of dwelling units, such as window sills, porches, stairs, or railings, to which children may be commonly exposed.Keep out of reach of children.（ii） If the statement required by the preceding paragraph （a）（2）（i） is placed on a label panel other than the main panel, the label stateme

24、nt required to be on the main panel by paragraph （a）（1） of this section shall contain the following additional statement: “See other cautions on _ （insert side or back, as appropriate） panel.”（3） That the placement, conspicuousness, and contrast of the label statements required by this section （a） c

25、omply with the requirements of the Federal Hazardous Substances Act at 16 CFR 1500.121.（b） The following products are exempt from the scope of the ban established by this part 1303, provided they comply with the requirements of paragraph （a） of this section:（1） Agricultural and industrial equipment

26、refinish coatings.（2） Industrial （and commercial） building and equipment maintenance coatings, including traffic and safety marking coatings.（3） Graphic art coatings （i.e., products marketed solely for application on billboards, road signs, and similar uses and for identification marking in industri

27、al buildings）.（4） Touchup coatings for agricultural equipment, lawn and garden equipment, and appliances.（5） Catalyzed coatings marketed solely for use on radio-controlled model powered aircraft.（c） The following products are exempt from the scope of the ban established by part 1303 （no cautionary l

28、abeling is required）:（1） Mirrors which are part of furniture articles to the extent that they bear lead-containing backing paint.（2） Artists paints and related materials.（3） Metal furniture articles （but not metal childrens furniture） bearing factory-applied （lead） coatings.42 FR 44199, Sept. 1, 197

29、7, as amended at 43 FR 8515, Mar. 2, 1978 1303.4 Banned hazardous products.The following consumer products, manufactured after February 27, 1978, unless exempted by 1303.3, are banned hazardous products （see definitions in 1303.2）:（a） Paint and other similar surface-coating materials which are “lead

30、-containing paint.”（b） Toys and other articles intended for use by children that bear “lead-containing paint.”（c） Furniture articles that bear “lead-containing paint.” 1303.5 Findings.（a） The degree and nature of the risk of injury. （1） The Commission finds that the risk of injury which this regulat

31、ion is designed to eliminate or reduce is lead poisoning in children. The adverse effects of this poisoning in children can cause a range of disorders such as hyperactivity, slowed learning ability, withdrawal, blindness, and even death. The final Environmental Impact Statement on Lead in Paint whic

32、h is on file with the Presidents Council on Environmental Quality （and available for inspection in the Office of the Secretary） contains in appendix A a detailed discussion of the health effects of lead in paint. These effects will only be summarized here.（2） Lead is a cumulative toxic heavy metal which, in humans, exerts