Section 5 — Public Notifications For and Retesting Of Lead-Leaching Consumer Products
5.1 Public and other notifications required
5.1.1 In addition to the signage, which is required to be posted at the retail outlet or manufacturing or distribution facility where the lead leaching product has been located as per Section 4.3.2.1 and 4.4.1.3; the public shall be notified by the Health Authority in the form of a press release for any occurrence where the Health Authority identified a lead leaching product as a public nuisance.
5.1.2 The Health Authority shall notify the appropriate Federal Authority whenever the Health Authority identifies a lead leaching product.
5.2 Retesting of lead leaching products
5.2.1 For any lead leaching product identified by the Health Authority, the manufacturer or distributor may request that the Health Authority test a subsequent sample of product.
5.2.2 The Health Authority shall select the product to be tested.
5.2.3 The cost of any subsequent sampling and testing shall be borne by the manufacturer or distributor requesting the additional testing.
5.3 Results of retested products
5.3.1 If the product, following retesting, is found to be not to be leaching lead, then the Health Authority shall provide the retail, manufacturer, and/or distributor with a letter or other written notification that the product has been retested and determined to be not leaching lead.
5.3.2 The letter or notification shall tell the retail outlet, manufacturing facility, and/or distribution facility that the sale and distribution of the product within Clark County, NV may resume.
5.3.3 If the product is found to remain leaching lead when retested, the retail outlet, operator of the distribution facility, and/or manufacturing facility may take corrective measures and continue to resubmit samples for testing until such tests prove the product to be not leaching lead.
5.4 Public posting of notices
5.4.1 The operator of the distribution facility, and/or manufacturing facility and/or retail outlet shall not remove the notice posted as required by Section 4.3.2.1 and 4.4.1.3 until the 30 days, as specified, has expired.
5.4.2 The operator of the distribution facility, and/or manufacturing facility and/or retail outlet may place an additional notice adjacent to the recall notice required by Section 4.3.2.1 and 4.4.1.3 that explains any subsequent actions taken by them and the results of any retesting.
Updated on: October 11, 2018