---
kind: "section"
citation: "15 U.S.C. § 1278a"
title: "15"
title_heading: "Commerce and Trade"
number: "1278a"
heading: "Children’s products containing lead; lead paint rule"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1278a"
units:
  - "Chapter 30 — Hazardous Substances"
---

# §1278a. Children’s products containing lead; lead paint rule

- (a) **General lead ban—**
  - (1) **Treatment as a banned hazardous substance—** Except as expressly provided in [subsection (b)](#b) beginning on the dates provided in [paragraph (2)](#a-2), any children’s product (as defined in section 3(a) of the Consumer Product Safety Act ([15 U.S.C. 2052(a)](/usc/15/2052.md?p=a))) that contains more lead than the limit established by [paragraph (2)](#a-2) shall be treated as a [banned hazardous substance](/usc/15/1261.md?p=q-1) under the Federal Hazardous Substances Act ([15 U.S.C. 1261](/usc/15/1261.md) et seq.).
  - (2) **Lead limit—**
    - (A) **600 parts per million—** Except as provided in subparagraphs [(B)](#a-2-B), [(C)](#a-2-C), [(D)](#a-2-D), and [(E)](#a-2-E), beginning 180 days after August 14, 2008, the lead limit referred to in [paragraph (1)](#a-1) is 600 parts per million total lead content by weight for any part of the product.
    - (B) **300 parts per million—** Except as provided by subparagraphs [(C)](#a-2-C), [(D)](#a-2-D), and [(E)](#a-2-E), beginning on the date that is 1 year after August 14, 2008, the lead limit referred to in [paragraph (1)](#a-1) is 300 parts per million total lead content by weight for any part of the product.
    - (C) **100 parts per million—** Except as provided in subparagraphs [(D)](#a-2-D) and [(E)](#a-2-E), beginning on the date that is 3 years after August 14, 2008, [subparagraph (B)](#a-2-B) shall be applied by substituting “100 parts per million” for “300 parts per million” unless the [Commission](/usc/15/1261.md?p=c) determines that a limit of 100 parts per million is not technologically feasible for a product or product category. The [Commission](/usc/15/1261.md?p=c) may make such a determination only after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children’s products.
    - (D) **Alternate reduction of limit—** If the [Commission](/usc/15/1261.md?p=c) determines under [subparagraph (C)](#a-2-C) that the 100 parts per million limit is not technologically feasible for a product or product category, the [Commission](/usc/15/1261.md?p=c) shall, by regulation, establish an amount that is the lowest amount of lead, lower than 300 parts per million, the [Commission](/usc/15/1261.md?p=c) determines to be technologically feasible to achieve for that product or product category. The amount of lead established by the [Commission](/usc/15/1261.md?p=c) under the preceding sentence shall be substituted for the 300 parts per million limit under [subparagraph (B)](#a-2-B) beginning on the date that is 3 years after August 14, 2008.
    - (E) **Periodic review and further reductions—** The [Commission](/usc/15/1261.md?p=c) shall, based on the best available scientific and technical information, periodically review and revise downward the limit set forth in this subsection, no less frequently than every 5 years after promulgation of the limit under subparagraph [(C)](#a-2-C) or [(D)](#a-2-D) to require the lowest amount of lead that the [Commission](/usc/15/1261.md?p=c) determines is technologically feasible to achieve. The amount of lead established by the [Commission](/usc/15/1261.md?p=c) under the preceding sentence shall be substituted for the lead limit in effect immediately before such revision.
  - (3) **Application—** Each limit set forth in [paragraph (2)](#a-2) (except for the limit set forth in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B)) shall apply only to a children’s product (as defined in section 3(a) of the Consumer Product Safety Act ([15 U.S.C. 2052(a)](/usc/15/2052.md?p=a))) that is manufactured after the effective date of such respective limit.
- (b) **Exclusion of certain materials or products and inaccessible component parts—**
  - (1) **Functional purpose exception—**
    - (A) **In general—** The [Commission](/usc/15/1261.md?p=c), on its own initiative or upon petition by an interested party, shall grant an exception to the limit in [subsection (a)](#a) for a specific product, class of product, material, or component part if the [Commission](/usc/15/1261.md?p=c), after notice and a hearing, determines that—
      - (i) the product, class of product, material, or component part requires the inclusion of lead because it is not practicable or not technologically feasible to manufacture such product, class of product, material, or component part, as the case may be, in accordance with [subsection (a)](#a) by removing the excessive lead or by making the lead inaccessible;
      - (ii) the product, class of product, material, or component part is not likely to be placed in the mouth or ingested, taking into account normal and reasonably foreseeable use and abuse of such product, class of product, material, or component part by a child; and
      - (iii) an exception for the product, class of product, material, or component part will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse.
    - (B) **Measurement—** For purposes of [subparagraph (A)(iii)](#b-1-A-iii), there is no measurable adverse effect on public health or safety if the exception described in [subparagraph (A)](#b-1-A) will result in no measurable increase in blood lead levels of a child. The [Commission](/usc/15/1261.md?p=c) may adopt an alternative method of measurement other than blood lead levels if it determines, after notice and a hearing, that such alternative method is a better scientific method for measuring adverse effect on public health and safety.
    - (C) **Procedures for granting exception—**
      - (i) **Burden of proof—** A party seeking an exception under [subparagraph (A)](#b-1-A) has the burden of demonstrating that it meets the requirements of such subparagraph.
      - (ii) **Grounds for decision—** In the case where a party has petitioned for an exception, in determining whether to grant the exception, the [Commission](/usc/15/1261.md?p=c) may base its decision solely on the materials presented by the party seeking the exception and any materials received through notice and a hearing.
      - (iii) **Admissible evidence—** In demonstrating that it meets the requirements of [subparagraph (A)](#b-1-A), a party seeking an exception under such subparagraph may rely on any nonproprietary information submitted by any other party seeking such an exception and such information shall be considered part of the record presented by the party that relies on that information.
      - (iv) **Scope of exception—** If an exception is sought for an entire product, the burden is on the petitioning party to demonstrate that the criteria in [subparagraph (A)](#b-1-A) are met with respect to every accessible component or accessible material of the product.
    - (D) **Limitation on exception—** If the [Commission](/usc/15/1261.md?p=c) grants an exception for a product, class of product, material, or component part under [subparagraph (A)](#b-1-A), the [Commission](/usc/15/1261.md?p=c) may, as necessary to protect public health or safety—
      - (i) establish a lead limit that such product, class of product, material, or component part may not exceed; or
      - (ii) place a manufacturing expiration date on such exception or establish a schedule after which the manufacturer of such product, class of product, material, or component part shall be in full compliance with the limit established under [clause (i)](#b-1-D-i) or the limit set forth in [subsection (a)](#a).
    - (E) **Application of exception—** An exception under [subparagraph (A)](#b-1-A) for a product, class of product, material, or component part shall apply regardless of the date of manufacture unless the [Commission](/usc/15/1261.md?p=c) expressly provides otherwise.
    - (F) **Previously submitted petitions—** A party seeking an exception under this paragraph may rely on materials previously submitted in connection with a petition for exclusion under this section. In such cases, petitioners must notify the [Commission](/usc/15/1261.md?p=c) of their intent to rely on materials previously submitted. Such reliance does not affect petitioners’ obligation to demonstrate that they meet all requirements of this paragraph as required by [subparagraph (C)(i)](#b-1-C-i).
  - (2) **Exception for inaccessible component parts—**
    - (A) **In general—** The limits established under [subsection (a)](#a) shall not apply to any component part of a children’s product that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product, as determined by the [Commission](/usc/15/1261.md?p=c). A component part is not accessible under this subparagraph if such component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. Reasonably foreseeable use and abuse shall include swallowing, mouthing, breaking, or other children’s activities, and the aging of the product.
    - (B) **Inaccessibility proceeding—** Within 1 year after August 14, 2008, the [Commission](/usc/15/1261.md?p=c) shall promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of [subparagraph (A)](#b-2-A).
    - (C) **Application pending CPSC guidance—** Until the [Commission](/usc/15/1261.md?p=c) promulgates a rule pursuant to [subparagraph (B)](#b-2-B), the determination of whether a product component is inaccessible to a child shall be made in accordance with the requirements laid out in [subparagraph (A)](#b-2-A) for considering a component to be inaccessible to a child.
  - (3) **Certain barriers disqualified—** For purposes of this subsection, paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate inaccessible to a child, or to prevent absorption of any lead into the human body, through normal and reasonably foreseeable use and abuse of the product.
  - (4) **Certain electronic devices—** If the [Commission](/usc/15/1261.md?p=c) determines that it is not technologically feasible for certain electronic [devices](/usc/15/55.md?p=d), including [devices](/usc/15/55.md?p=d) containing batteries, to comply with [subsection (a)](#a), the [Commission](/usc/15/1261.md?p=c), by regulation, shall—
    - (A) issue requirements to eliminate or minimize the potential for exposure to and accessibility of lead in such electronic [devices](/usc/15/55.md?p=d), which may include requirements that such electronic [devices](/usc/15/55.md?p=d) be equipped with a child-resistant cover or casing that prevents exposure to and accessibility of the parts of the product containing lead; and
    - (B) establish a schedule by which such electronic [devices](/usc/15/55.md?p=d) shall be in full compliance with the limits in [subsection (a)](#a), unless the [Commission](/usc/15/1261.md?p=c) determines that full compliance will not be technologically feasible for such [devices](/usc/15/55.md?p=d) within a schedule set by the [Commission](/usc/15/1261.md?p=c).
  - (5) **Exception for off-highway vehicles—**
    - (A) **In general—** [Subsection (a)](#a) shall not apply to an off-highway vehicle.
    - (B) **Off-highway vehicle defined—** For purposes of this section, the term “off-highway vehicle”—
      - (i) means any motorized vehicle—
        - (I) that is manufactured primarily for use off public streets, roads, and highways;
        - (II) designed to travel on 2, 3, or 4 wheels; and
        - (III) that has either—
          - (aa) a seat designed to be straddled by the operator and handlebars for steering control; or
          - (bb) a nonstraddle seat, steering wheel, seat belts, and roll-over protective structure; and
      - (ii) includes a snowmobile.
  - (6) **Bicycles and related products—** In lieu of the lead limits established in [subsection (a)(2)](#a-2), the limits set forth for each respective material in the notice of the [Commission](/usc/15/1261.md?p=c) entitled “Notice of Stay of Enforcement Pertaining to Bicycles and Related Products”, published June 30, 2009 (74 Fed. Reg. 31254), shall apply to any metal component part of the products to which the stay of enforcement described in such notice applies, except that after December 31, 2011, the limits set forth in such notice shall not be more than 300 parts per million total lead content by weight for any metal component part of the products to which such stay pertains.
  - (7) **Exclusion of certain used children’s products—**
    - (A) **General exclusion—** The lead limits established under [subsection (a)](#a) shall not apply to a used children’s product.
    - (B) **Definition—** In this paragraph, the term “used children’s product” means a children’s product (as defined in section 3(a) of the Consumer Product Safety Act ([15 U.S.C. 2052(a)](/usc/15/2052.md?p=a))[^1] that was obtained by the seller for use and not for the purpose of resale or was obtained by the seller, either directly or indirectly, from a [person](/usc/15/1261.md?p=e) who obtained such children’s product for use and not for the purpose of resale. Such term also includes a children’s product that was donated to the seller for charitable distribution or resale to support charitable purposes. Such term shall not include—
      - (i) children’s metal jewelry;
      - (ii) any children’s product for which the donating party or the seller has actual knowledge that the product is in violation of the lead limits in this section; or
      - (iii) any other children’s product or product category that the [Commission](/usc/15/1261.md?p=c) determines, after notice and a hearing.

      For purposes of this definition, the term “seller” includes a [person](/usc/15/1261.md?p=e) who lends or donates a used children’s product.

  - (8) **Periodic review—** The [Commission](/usc/15/1261.md?p=c) shall, based on the best available scientific and technical information, periodically review and revise the regulations promulgated pursuant to this subsection no less frequently than every 5 years after the first promulgation of a regulation under this subsection to make them more stringent and to require the lowest amount of lead the [Commission](/usc/15/1261.md?p=c) determines is technologically feasible to achieve.
- (c) **Application with ASTM F963—** To the extent that any regulation promulgated by the [Commission](/usc/15/1261.md?p=c) under this section (or any section of the Consumer Product Safety Act [[15 U.S.C. 2051](/usc/15/2051.md) et seq.] or any other Act enforced by the [Commission](/usc/15/1261.md?p=c), as such Acts are affected by this section) is inconsistent with the ASTM F963 standard, such promulgated regulation shall supersede the ASTM F963 standard to the extent of the inconsistency.
- (d) **Technological feasibility defined—** For purposes of this section, a limit shall be deemed technologically feasible with regard to a product or product category if—
  - (1) a product that complies with the limit is commercially available in the product category;
  - (2) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term;
  - (3) industrial strategies or [devices](/usc/15/55.md?p=d) have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or
  - (4) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.
- (e) **Pending rulemaking proceedings to have no effect—** The pendency of a rulemaking proceeding to consider—
  - (1) a delay in the effective date of a limit or an alternate limit under this section related to technological feasibility,
  - (2) an exception for certain products or materials or inaccessibility guidance under [subsection (b)](#b) of this section, or
  - (3) any other request for modification of or exemption from any regulation, rule, standard, or ban under this Act or any other Act enforced by the [Commission](/usc/15/1261.md?p=c),

  shall not delay the effect of any provision or limit under this section nor shall it stay general enforcement of the requirements of this section.

- (f) **More stringent lead paint ban—**
  - (1) **In general—** Effective on the date that is 1 year after August 14, 2008, the [Commission](/usc/15/1261.md?p=c) shall modify section 1303.1 of its regulations (16 C.F.R. 1301.1) by substituting “0.009 percent” for “0.06 percent” in [subsection (a)](#a) of that section.
  - (2) **Periodic review and reduction—** The [Commission](/usc/15/1261.md?p=c) shall, no less frequently than every 5 years after the date on which the [Commission](/usc/15/1261.md?p=c) modifies the regulations pursuant to [paragraph (1)](#f-1), review the limit for lead in paint set forth in section 1303.1 of title 16, Code of Federal Regulations (as revised by [paragraph (1)](#f-1)), and shall by regulation revise downward the limit to require the lowest amount of lead that the [Commission](/usc/15/1261.md?p=c) determines is technologically feasible to achieve.
  - (3) **Methods for screening lead in small painted areas—** In order to provide for effective and efficient enforcement of the limit set forth in section 1303.1 of title 16, Code of Federal Regulations, the [Commission](/usc/15/1261.md?p=c) may rely on x-ray fluorescence technology or other alternative methods for measuring lead in paint or other surface coatings on products subject to such section where the total weight of such paint or surface coating is no greater than 10 milligrams or where such paint or surface coating covers no more than 1 square centimeter of the surface area of such products. Such alternative methods for measurement shall not permit more than 2 micrograms of lead in a total weight of 10 milligrams or less of paint or other surface coating or in a surface area of 1 square centimeter or less.
  - (4) **Alternative methods of measuring lead in paint generally—**
    - (A) **Study—** Not later than 1 year after August 14, 2008, the [Commission](/usc/15/1261.md?p=c) shall complete a study to evaluate the effectiveness, precision, and reliability of x-ray fluorescence technology and other alternative methods for measuring lead in paint or other surface coatings when used on a children’s product or furniture article in order to determine compliance with part [1303](/usc/16/1303.md) of title 16, Code of Federal Regulations, as modified pursuant to this subsection.
    - (B) **Rulemaking—** If the [Commission](/usc/15/1261.md?p=c) determines, based on the study in [subparagraph (A)](#f-4-A), that x-ray fluorescence technology or other alternative methods for measuring lead in paint are as effective, precise, and reliable as the methodology used by the [Commission](/usc/15/1261.md?p=c) for compliance determinations prior to August 14, 2008, the [Commission](/usc/15/1261.md?p=c) may promulgate regulations governing the use of such methods in determining the compliance of products with part [1303](/usc/16/1303.md) of title 16, Code of Federal Regulations, as modified pursuant to this subsection. Any regulations promulgated by the [Commission](/usc/15/1261.md?p=c) shall ensure that such alternative methods are no less effective, precise, and reliable than the methodology used by the [Commission](/usc/15/1261.md?p=c) prior to August 14, 2008.
  - (5) **Periodic review—** The [Commission](/usc/15/1261.md?p=c) shall, no less frequently than every 5 years after the [Commission](/usc/15/1261.md?p=c) completes the study required by [paragraph (4)(A)](#f-4-A), review and revise any methods for measurement utilized by the [Commission](/usc/15/1261.md?p=c) pursuant to [paragraph (3)](#f-3) or pursuant to any regulations promulgated under [paragraph (4)](#f-4) to ensure that such methods are the most effective methods available to protect children’s health. The [Commission](/usc/15/1261.md?p=c) shall conduct an ongoing effort to study and encourage the further development of alternative methods for measuring lead in paint and other surface coating that can effectively, precisely, and reliably detect lead levels at or below the level set forth in part [1303](/usc/16/1303.md) of title 16, Code of Federal Regulations, or any lower level established by regulation.
  - (6) **No effect on legal limit—** Nothing in [paragraph (3)](#f-3), nor reliance by the [Commission](/usc/15/1261.md?p=c) on any alternative method of measurement pursuant to such paragraph, nor any rule prescribed pursuant to [paragraph (4)](#f-4), nor any method established pursuant to [paragraph (5)](#f-5) shall be construed to alter the limit set forth in [section 1303 of title 16](/usc/16/1303.md), Code of Federal Regulations, as modified pursuant to this subsection, or provide any exemption from such limit.
  - (7) **Construction—** Nothing in this subsection shall be construed to affect the authority of the [Commission](/usc/15/1261.md?p=c) or any other [person](/usc/15/1261.md?p=e) to use alternative methods for detecting lead as a screening method to determine whether further testing or action is needed.
- (g) **Treatment as a regulation under the FHSA—** Any ban imposed by [subsection (a)](#a) or rule promulgated under subsection [(a)](#a) or [(b)](#b) of this section, and section 1303.1 of title 16, Code of Federal Regulations (as modified pursuant to subsection [(f)(1)](#f-1) or (2)), or any successor regulation, shall be considered a regulation of the [Commission](/usc/15/1261.md?p=c) promulgated under or for the enforcement of section 2(q) of the Federal Hazardous Substances Act ([15 U.S.C. 1261(q)](/usc/15/1261.md?p=q)).

## Footnotes

[^1]: So in original. Probably should be “2052(a)))”.

## Source credit

(Pub. L. 110–314, title I, § 101, Aug. 14, 2008, 122 Stat. 3017; Pub. L. 112–28, §§ 1, 10(b), Aug. 12, 2011, 125 Stat. 273, 283.)

## Notes

### Editorial Notes

### References in Text

The Federal Hazardous Substances Act, referred to in subsec. (a)(1), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.

The Consumer Product Safety Act, referred to in subsec. (c), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to chapter 47 (§ 2051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2051 of this title and Tables.

This Act, referred to in subsec. (e)(3), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Consumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 2051 of this title and Tables.

### Codification

Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Federal Hazardous Substances Act which comprises this chapter.

### Amendments

2011—Subsec. (a)(1). Pub. L. 112–28, § 10(b), substituted “(as defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)))” for “(as defined in section 3(a)(16) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(16)))”.

Subsec. (a)(3). Pub. L. 112–28, § 1(a), added par. (3).

Subsec. (b)(1). Pub. L. 112–28, § 1(b)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Commission may, by regulation, exclude a specific product or material from the prohibition in subsection (a) if the Commission, after notice and a hearing, determines on the basis of the best-available, objective, peer-reviewed, scientific evidence that lead in such product or material will neither—

“(A) result in the absorption of any lead into the human body, taking into account normal and reasonably foreseeable use and abuse of such product by a child, including swallowing, mouthing, breaking, or other children’s activities, and the aging of the product; nor

“(B) have any other adverse impact on public health or safety.”

Subsec. (b)(2)(A). Pub. L. 112–28, § 1(b)(2), substituted “include” for “include to,”.

Subsec. (b)(5) to (8). Pub. L. 112–28, § 1(b)(3), added pars. (5) to (7) and redesignated former par. (5) as (8).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Pub. L. 112–28, § 11, Aug. 12, 2011, 125 Stat. 283, provided that: “Except as provided otherwise, the amendments made by this Act [amending this section and sections 2055a, 2056a, 2056b, 2057c, 2063, 2068, and 2076 of this title and enacting provisions set out as a note under section 2089 of this title] shall take effect on the date of enactment of this Act [Aug. 12, 2011].”

### Definition

For definition of “Commission” used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title.