§4841 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in the chapter. "State" means the 50 states, the District of Columbia, Puerto Rico, and U.S. territories and possessions. "Units of general local government" means local governments like cities, counties, towns, townships, boroughs, villages, or similar units; groups of these units across one or more states; Indian tribes; and, for lead-paint work in cities, U.S. territories and possessions. Explains what "lead-based paint" counts as. The top level is paint that has more than 0.5% lead by weight in its nonvolatile part or the same amount in the dried film. The Consumer Product Safety Commission had six months after the National Health Promotion and Disease Prevention Act of 1976 was enacted to decide if a level greater than 0.06% but not over 0.5% is safe. If the Commission set a different safe level, then paint made more than six months after that decision is "lead-based" only if it contains more than the new level. If the Commission did not set a level, then paint made after 12 months from the act’s enactment is "lead-based" if it has more than 0.06% lead.

Title 42, §4841

The Public Health and Welfare — Source: USLM XML via OLRC

As used in this chapter—

(1)The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(2)The term “units of general local government” means (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, (B) any combination of units of general local government in one or more States, (C) an Indian tribe, or (D) with respect to lead-based paint poisoning elimination activities in their urban areas, the territories and possessions of the United States.

(3)(A)Except as provided in subparagraph (B), the term “lead-based paint” means any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

(B)(i)The Consumer Product Safety Commission shall, during the six-month period beginning on the date of the enactment of the National Health Promotion and Disease Prevention Act of 1976, determine, on the basis of available data and information and after providing opportunity for an oral hearing and considering recommendations of the Secretary of Health and Human Services (including those of the Centers for Disease Control and Prevention) and of the National Academy of Sciences, whether or not a level of lead in paint which is greater than six one-hundredths of 1 per centum but not in excess of five-tenths of 1 per centum is safe. If the Commission determines, in accordance with the preceding sentence, that another level of lead is safe, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the six-month period beginning on the date of the Commission’s determination, paint containing by weight (calculated as lead metal) in the total nonvolatile content of the paint more than the level of lead determined by the Commission to be safe or the equivalent measure of lead in the dried film of paint already applied, or both.

(ii)Unless the definition of the term “lead-based paint” has been established by a determination of the Consumer Product Safety Commission pursuant to clause (i) of this subparagraph, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the twelve-month period beginning on such date of enactment, paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Health Promotion and Disease Prevention Act of 1976, referred to in par. (3)(B)(i), probably means Pub. L. 94–317,

June 23, 1976, 90 Stat. 695, which enacted sections 300u to 300u–5 of this title, amended section 201, 243, 247b, 247c, 264, 300f, 4801, 4831, and 4841 to 4843 of this title, and enacted provisions set out as notes under section 201, 247b, and 247c of this title. For complete classification of this Act to the Code, see Tables. Such date of enactment, referred to in par. (3)(B)(ii), probably means the date of approval of Pub. L. 94–317, which was

June 23, 1976.

Amendments

1992—Par. (3)(B)(i). Pub. L. 102–531 substituted “Centers for Disease Control and Prevention” for “Center for Disease Control”. 1976—Par. (3). Pub. L. 94–317 substituted provisions redefining standards for lead in paint and procedures used to determine such standards, for provisions defining standards of lead-based paint to be paint containing more than five-tenths of 1 per centum of lead by weight prior to Dec. 31, 1974, and after such date, paint containing more than six one-hundredths of 1 per centum of lead by weight, except where the Chairman of the Consumer Product Safety Commission determined that the pre-1974 level was safe, then such level to become effective. 1973—Par. (3). Pub. L. 93–151 amended par. (3). Prior to amendment, par. (3) defined “lead-based paint” to mean any paint containing more than 1 per centum lead by weight (calculated as lead metal) in the total non-volatile content of liquid paints or in the dried film of paint already applied.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (3)(B)(i) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

§4841 Definitions