3.1 Sampling for potential lead contamination

Samples may be taken from distributors and retailers for testing of lead content when the Health Authority is made aware that lead leaching products may be in the distribution stream or offered for sale in Clark County.

3.1.1 This may occur during an investigation of a child with an elevated blood lead level (EBL) where the child is reported to have been exposed to specific product(s) with a lead content exceeding that specified in Section 2.1.1 or when information is received by the Health Authority that certain products have been identified as lead leaching products by other federal, state, or local entities.

3.1.2 At the discretion of the Health Authority, additional random sampling and testing of imported ceramicware and children’s products may take place at any time.

3.1.3 Products sampled by the Health Authority shall be sent to a laboratory with experience testing materials for lead content and leachability, using testing methods approved by the Health Authority. These methods include but are not limited to the following: current editions of ASTM method C738, AOAC methods 973.32 and 973.82, or FDA Laboratory Information Bulletin Numbers 4123 and 4126 (US Food and Drug Administration, Division of Field Science, HFC-140, Rockville, MD 20857).

3.2 Product removal pending sample results

3.2.1 The remaining production lot of the sample taken pursuant to Section 3.1, inclusive, shall be temporarily removed from sale and distribution to retail outlets as appropriate.

3.2.2 The Health Authority shall issue a Hold Order for the remaining consumer products specified in Sections 2.1 to 2.3. This Hold Order shall remain in effect until the consumer products have been tested, the results have been received and reviewed by the Health Authority and the Health Authority has determined that the consumer products are not leaching lead at prohibited levels.

3.2.3 For the purposes of this Section, if the production lot cannot be determined for the remaining consumer products, then all similarly-labeled products shall be removed from sale or taken out of distribution, as appropriate, and a Hold Order shall be issued for the remaining consumer products.

3.3 Sample results

3.3.1 The results of any testing shall be made public through the Health Authority website and other public notification methods, such as press releases, deemed appropriate by the Health Authority.

3.3.2 The operator of the retail outlet, distribution facility, and/or manufacturing facility shall be notified by the Health Authority, in writing, of the findings.

3.3.3 Any product held under a Hold Order specified in Section 3.2, which is found not to be leaching lead shall be released by the Health Authority in writing to the operator of the retail outlet, distribution facility, and/or manufacturing facility.

3.3.4 Any product which the Health Authority determines to be leaching lead in levels exceeding those identified in Section 2.1.1 shall be declared a public nuisance.