Regulations Governing Lead in Consumer Products

WHEREAS, the Southern Nevada Health District (SNHD) is the public health entity for Clark County, Nevada, pursuant to Nevada Revised Statutes (NRS) Chapter 439, and has jurisdiction over all public health matters in the health district; and

WHEREAS, the Southern Nevada District Board of Health (Board) is the governing body of the SNHD, and is authorized to adopt regulations to prevent and control public health hazards and nuisances and to protect and promote the public health and safety in the geographical area subject to the jurisdiction of the health district; and

WHEREAS, lead is a naturally occurring heavy metal element whose toxicity in humans has been well documented. Lead is a toxic substance that attacks many different organs and body systems. Lead adversely impacts neurological, cardiovascular, renal, gastrointestinal, reproductive [greater than ninety (90) percent passes from mother to fetus], skeletal, skin, and other body systems. Lead is widely present in the environment due to its natural occurrence and human activities that have introduced it into the general environment. This includes the use of leaded gasoline and paint and similar surface coatings used in homes. These paints and similar surface coatings are found on items such as pottery and ceramics, furniture, and on toys or other items used by children. In recent years, a number of other products have been identified, which present a risk of lead poisoning from sources other than paint or surface coatings. Some products are intended for use by children and others are simply used in or around the household or in recreation. These products include vinyl mini-blinds, vinyl lunchboxes or backpacks, crayons, figurines used as game pieces, and children’s jewelry.

WHEREAS, the Board finds that lead-contaminated products do affect the health and the well being of the children residing in Southern Nevada, and finds that it is necessary to adopt SNHD Regulations Governing Lead in Consumer Products to prevent and control lead-related health hazards potentially originating from consumer products likely to be used by children, where lead content has been previously identified or is likely to be found, and

WHEREAS, the Health Authority recognizes the importance of proper identification and removal of lead-contaminated products from the consumer market, with the intent to reduce the likelihood of illness resulting from exposure to lead, and

WHEREAS, the businesses within Clark County who sell products or provide services in which lead is a component must do so in a manner that does not pose a health and safety hazard to the children of Southern Nevada,

WHEREAS, Nevada Revised Statutes 439.479, gives the health district authority to adopt regulations to ensure the enforcement of laws that protect public health and safety associated with potentially lead-contaminated consumer products and to establish an administrative hearing process to address such concerns, and

WHEREAS, NRS 439.490 authorizes the health district to order the removal of the consumer product from access by children and to recover any of the costs associated with any actions required by the Health Authority to cause the removal to be completed.

WHEREAS, the Board believes that the following Regulations are designed to protect and promote the public health and safety, it does therefore publish, promulgate and order compliance within Clark County, Nevada with the substantive and procedural requirements hereinafter set forth.

Intent and Scope

Intent

The purpose of these Regulations is to protect and promote the public health and safety through preventive measures and timely corrections of significant public health and environmental issues related to lead exposure in children.

Scope

These Regulations establish definitions; set standards for the identification, notification, and recall of consumer products contaminated with lead, which are likely to be used by children; provide for enforcement actions; and include provisions for recovery of the direct and administrative costs associated with the identification, notification, and recall of lead-containing products.