Document O1m6exKQK5ky7gknK0BwLQrxQ

Artgchmcnr No. ) REGULATIONS FOR LEAD POISONING PREVENTION PROGRAM -- THE COMMONWEALTH OF MASSACHUSETTS NOTE. These FINAL regulations amend and supersede the Proposed regulations forwarded a* on attachment to "LEA." Bulletin No. 9. COPY REGULATIONS FOB LEADPOISONING PREVENTION PROGRAM Authority Than refutation* oro odopfed by the Load Poisoning Control Director of tho Department of PvAlTe Health pursuant to G.L., e. HI, . 190. Where required by G.L., c. Ill, s. I96<b), adoption bo* boon concurred In by a majority of the Advitory Committee far the Load Poisoning Prevention Program appointed pmuani la G.L., e. Ill, >. 190. Definitions 1. As mod in thon regulations tho following word* (hall have Iho following meanings: l.l "Director", the Load foltosiing Control Director 1 2 "Advisory Committee", tho Advisory Committoo for iho load Poisoning Ptevontion Program .. 1.3 "Commissioner", tho Cammimlonor of Public Health 1.4 "Department", The Deportment of Mrlic Health. 2. Those rogulatlono shall toko effect April 1, 1973 and shall remain In affect until expressly rescinded. Regulation* granting ammptlane for aertotn products may bo temporarily rescinded by tho Olroctor whenever ho (Irak that continued exemption would result In evidence of a grave and immediate danger to health. Within thirty days after any such temporary rascimlon the producer of a product as to which an exemption has been so temporarily rescinded stall have an opportunity for a hearing bofora tho Director and iho Advisory Committee after which the regulation may bo permonanHy rasclnded. 3.1 The "amount of load'that produces the danger of lead poisoning" when present in existing point, plaster, or other surface covering, shellbe deemed, pursuant to G.L., c. Ill, s. 1194, to bo 0.6% load by dry weight, or 1.3 mg load par square centimeter of surface. 0007--SWP-037059 N22854 -2- 3.2 Evoporored, who)#, or condensed milk or baby food shell ba daamad 'a contain nozerdovs omountt of load if they eonrain mora than 0.3 pern per million of lead. 3.3 Glozod tableware, cooking wore, or utensils or other food or drink containers shall ba deeded fe ba load botad if, whan tasted by being filled with 4% acetic aeid for 18 to 24 hours or a temperature of 20 to 24 dagraas C. with core to prevent evaporation, the acetic acid is round o contain mare than 7 parts par million of lead. Oatoiii of the test arc described in A STM standord method C 738 3.4 forceiain coatings baked on rnelat at greater than 1000 degrees F shell be deemed to be 'ead based if, when immersed in sufficient 4% acid to caver completely for 18 to 24 hours at 20 to 24 degrees C-, the acetic acid is found to contain mere then 7 parts per million of lead as in 3.-3. 4. The fallowing paints and surfece coverings when "lead-based" within the meaning of e. 111, s. 196(a) shall be exempt from the prohibitions ofG.l., c. Ill, s. 196(b), upon the terms and conditions expressly indicated hereunder, which shall ba in addition to all other term and conditions governing such examprions sot forth in that# regulations. No product shall ba exempt unless the manufacturer notifies the Director of the amount of load in the product by dry weight and the means by which this concentration hot been verified and unleu the wholesaler of said product Informs the Director of the means he exercises to assure the marketing of the product only in specified channels. Such written notifications must be submitted to the Director by July 1, 1973. Thereafter such information an now products, changed products or changes In manner of distribution mutt ba n&mitted before a product may ba exempted. Exempted lead-based paints end coverings after October 1, 1973 must be labelled as described below an front and baek of container: Container Size Warding Type Size Leu than 1/2 pint or 8 az. by weight POISON-CONTAINS LEAD Equal to largest type on lobe! but at least 10 points 1/2 pint or 1 pint FOISON-CONTAINS LEAO Da not use on toys, furniture, homes, or any structure where children could chew or eat this paint Equal to largest typo on label but at least 10 points I quart FOISON-CONTAINS LEAD Da not use on toys, furniture, hemes, or any structure where children could chew or oat this paint First throe wonts 24 paint typo - remainder 12 point *P I gallon or mare FOISON-CONTAINS LEAD Do not use an toys, furniture, homos, or any structure whore children could chaw or oat this paint First three wards 48 paint typo - remainder 18 paint 0007--SWP--037060 0007-SWP-000118159 -34.1 Lecd-bosed paints for application to artists canvases. 4.2 Toueh-up paints for metol machinery, appliances, vehicles, water craft when sold In containers small enough to preclude any reasonable risk of use on buildings or furniture. 4.3 Lead primers for application to small craft hulls. Such primers may be sold at rerail only through boatyards, marinas, ship chandleries, and businesses dealing in marine sales. 4.4 The fallowing typo paints are exempt from the prohibitions of G.L., c. Ill, s. 196(b) if in addition to moating tha previous torn and conditions they ate not available for sole to the general public nor sold in cantainars of lass than 2 gallons. 4.4.1 Original finish paints intended for factory application upon manufactured products nor intended far use in homes or ether structures where childten ctm/nonly spend periods of over ana half hour, such as schools, day care centers, etc. 4.4.2 Lead primats for structural metals, vehicles and wotarcroft. 4.4.3 Automotive, agricultural, and industrial equipment refinish points. 4.4.4 Industrial and commercial building maintenance points including traffic and safety marking points. 4.4.5 Graphic art paints marketed far application to billboards, road signs, and similar uses. Approved and adapted by tha Director of tha Load Meaning Control fragram with the concurrence of a majority of the Advisory CemmlHaa atsLaad Meaning Prevention, March 21, 1973. A true eopy ottaet. Director, Load Poisoning Control Programs 0007--SWP--037061 0007-SWP-000118160