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Lead in Paint

16 C.F.R. part 1303 declares paints or similar surface-coating materials that contain 0.009% or more lead by weight to be banned hazardous products under sections 8 and 9 of the Consumer Product Safety Act. Children’s products and furniture articles that use paints or similar surface-coating materials that contain 0.009% or more lead by weight are also banned hazardous products.

The term “paints and other similar surface-coating materials” is defined at 16 CFR § 1303.2(b)(1) as “a fluid, semi-fluid, or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface.” Printing inks that become part of the substrate, electroplating, and ceramic glazing do not meet this definition and, therefore, are not subject to 16 C.F.R. part 1303.

Furniture articles, defined at 16 C.F.R. § 1303.2(a)(4), are movable articles that are used to support people or things or may be functional/decorative articles. Such products include beds, bookcases, chairs, chests, tables, dressers, desks, pianos, television consoles, and sofas. Products that are NOT included in this definition are appliances such as ranges, refrigerators, dishwashers, washing machines, dryers, air conditioners, humidifiers, and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or other household items such as window shades, venetian blinds, wall hangings, draperies.

Exemptions

The following products, listed at 16 C.F.R. § 1303.2(b) are exempt provided they are appropriately labeled per 16 CFR § 1303.3(a):

  • Agricultural and industrial equipment refinish coatings
  • Industrial and commercial building and equipment maintenance coatings (includes traffic and safety marking coatings)
  • Graphic art coatings (i.e., products marketed solely for application on billboards, road signs, and similar uses and for identification marking in industrial buildings)
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  • Touchup coatings for agricultural equipment, lawn and garden equipment, and appliances
  • Catalyzed coatings marketed solely for use on radio-controlled model powered aircraft.

The following products, listed at 16 C.F.R. § 1303.2(c), are exempt:

  • Backing paint of mirrors that are part of furniture articles
  • Artists’ paints and related materials
  • Metal furniture articles bearing factory-applied coatings (does not apply to children’s furniture)

Certification

Section 14(a) of the Consumer Product Safety Act (CPSA) requires manufacturers and importers of consumer products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet the requirements of the standard by issuing a certificate of compliance (Children’s Product Certificate or CPC for children’s products, General Certificate of Compliance or GCC for general-use products). For the lead in paint and similar-surface coating ban, the citation to use in section 2 of the CPC or GCC is “16 CFR part 1303 – Paints and similar surface coatings containing lead”.

For more information on certification, please visit our CPC business guidance page or GCC business guidance page.

Additional Information

Contact

For more information, please contact the Small Business Ombudsman (SBO) team:

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