Document 85rpJVw9zRZM92JmJBG5oG1ke

% INTEROFFICE MEMO TO: FROM: Andy Tralster-S8N Mark Al len-01 -- cc: Dick Garabedlan-00 Mike McCarthy-00 Bill Rosenthal-SBN Cecilia Stoddard-01 DATE: March 1, 1988 SUBJECT: Your Request for Policy on Lead Containing Trade Sales Palnts The Consumer Product Safety Act was enacted by Congress In 1972 basically to protect consumers against unreasonable risk of Injury from hazardous products. The Act prohibits the sale of lead containing paints to consumers with a few exceptions. The Consumer Product Safety Commission, which ts responsible for reguIatlng consumer products, defines lead containing paint as 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 by weight of the total non-volatile content of the paint or the weight of the dried paint film. Certain "special purpose" coatings are exempt from the ban on lead containing paints, provided they bear certain labeling. These "special purpose" coatings are: 1. Agricultural and Industrial equipment ref Inish coatings. 2. Industrial (and commercial) building and equipment maintenance coatings. 3. Graphic art ooatlngs (I.e., products marketed solely for application on billboards, road signs, and similar uses and for IdentlfIcatfon marking In Industrial buildings). 4. Touchup ooatlngs for agricultural equipment, lawn and garden equipment, and appliances. 5. Catalyzed coatings marketing solely for use on radio-controlled model powered aircraft. Any such "special purpose" lead containing paint sold to consumers must bear the following label warnings (In addition to any required by the presence of other hazardous Ingredients): 49 TOC 002040 Page 2 SUBJECT: Your Request for Policy on Lead Containing Trade Sales Paints (FRONT PANEL) WARNINGl CONTAINS LEAD. DRIED FILM OF THIS PAINT MAY BE HARMFUL IF EATEN OR CHEWED See Other Cautions on (Back or Side) Panel (BACK PANEL) Do not apply on toys and other children's articles, furniture, or Interior surfaces of any dwelling or facility which may be accepted or used by children. Do not apply on exterior surfaces of dwelling units, such as windowsills, porches, stairs, or railings, to which children may be commonly exposed. Use only with adequate ventilation. KEEP OUT OF THE REACH OF CHILDREN Our label hazard text publishing progran DOCS Includes these warnings on all labels for these "special purpose" lead containing consumer paints. In answer to your specific question about 381-XX, we can use lead chromate pigment In thts product because It meets definition two of "special purpose" coatings. We must, however, label this product with the warnings above. Please call If you have any questions. 49 TOC 002041