[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1303.3]

[Page 377-378]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1303--BAN OF LEAD-CONTAINING PAINT AND CERTAIN CONSUMER PRODUCTS 
BEARING LEAD-CONTAINING PAINT--Table of Contents
 
Sec.  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 part 
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 Eaten 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 children's articles, furniture, or 
interior surfaces of any dwelling or facility which may be occupied or 
used by children.
    Do not apply on 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 
statement 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) comply 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 refinish coatings.

[[Page 378]]

    (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 industrial 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 labeling 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 children's furniture) 
bearing factory-applied (lead) coatings.

[42 FR 44199, Sept. 1, 1977, as amended at 43 FR 8515, Mar. 2, 1978]