4.1 Hold Order continuance

Any consumer product, which has been declared a public nuisance by the Health Authority, as determined by the sample results in Section 3.3; shall have the Hold Order, specified in Section 3.2, continued.

4.2 Issuance of Notice of Violation

4.2.1 The operator of the distribution facility, and/or manufacturing facility, in addition to the retail outlet (if the sample was taken from a retail location) of the consumer product, shall be issued a Notice of Violation (NOV) of these Regulations. The NOV shall, in writing:

4.2.1.1 Identify the consumer product in question and any lot numbers or other distinguishing information;

4.2.1.2 Specify that the operator of the retail outlet, distribution facility, and/or manufacturing facility shall continue the Hold Order of the lead leaching consumer product;

4.2.1.3 Place a Hold Order on all lots and similarly labeled products sold and/or distributed in Clark County;

4.2.1.4 Require all retail sales of all lots and similarly labeled products cease immediately;

4.2.1.5 Require an immediate recall of all lead leaching product found in Clark County outlets;

4.2.1.6 Direct that the lead leaching product be removed from sale pending resampling, including, but not limited to the prohibition that the lead leaching products are not donated to charities or second hand stores for resale;

4.2.1.7 Order that Clark County outlets cease and desist additional sales of the lead leaching product until the lead leaching products are proven to the Health Authority to be manufactured with levels of lead below the CPSC currently-required limits of 90 ppm for lead in paint and surface coatings and 100 ppm for all other affected products using the procedures specified in Section 3.1 of these Regulations.

4.2.1.8 Provide a name, business address, and telephone number of the EHS to contact regarding the NOV;

4.2.1.9 Specify the time period within which the actions described in the NOV must be completed.

4.3 Responsibility of the Retail Operator

In response to the NOV, the operator of the retail outlet (if the sample was taken from a retail location) shall:

4.3.1 Cease all sales of product placed on hold as specified in Sections 3.2.

4.3.2 Provide the Health Authority with documentation indicating the amount and location of the product in distribution at the time of the recall.

4.3.2.1 Post a notice, within two (2) business days of receipt of the NOV, in a conspicuous location near where the product was sold, for no less than thirty (30) consecutive days or as otherwise specified by the Health Authority. The form and content of the notice shall be approved by the Health Authority prior to its posting.

4.3.2.2 Immediately cease all additional sales of the lead-leaching product until the operator has received written approval from the SNHD to resume sales.

4.4 Responsibility of Manufacturing and/or Distribution Facility Operator

4.4.1 In response to the NOV, the operator of the distribution facility and/or manufacturing facility shall:

4.4.1.1 Cease all sales and distribution of the product and commence a recall of the lead-leaching product found in Clark County outlets.

4.4.1.2 Provide the Health Authority with documentation, within two (2) business days of receipt of the NOV, indicating the amount and location of the product in distribution at the time of the recall.

4.4.1.3 Post a notice, within two (2) business days of receipt of the NOV, at each retail outlet, in a conspicuous location near where the lead-leaching product was sold, for no less than thirty (30) consecutive days or as otherwise specified by the Health Authority. The form and content of the notice shall be approved by the Health Authority prior to its posting.

4.4.1.4 Immediately cease all additional distribution and sales of the product until the operator of the distribution facility and/or manufacturing facility until written approval from SNHD has been obtained as stipulated in Section 4.2 et seq.

4.5 Voluntary disposal of consumer products

4.5.1 Any consumer product under a hold order may be voluntarily disposed of by the operator of the retail outlet, distribution facility, and/or manufacturing facility.

4.5.1.1 The product shall be disposed of under the witness of a representative of the Health Authority, such as an Environmental Health Specialist (EHS).

4.5.1.2 Any costs incurred by the SNHD for witnessing the voluntary disposal of the product shall be paid to the SNHD, in advance, by the operator of the retail outlet, distribution facility, and/or manufacturing facility who is voluntarily disposing of the consumer products.