2.1 Children’s products containing lead

2.1.1 Any children’s product that contains lead exceeding 100 ppm shall be treated as a lead leaching product. This includes children’s products that have lead containing-paint used in their manufacture. The lead limit for lead in surface-coating is currently 90 ppm. The lead limit in paint and surface coatings applies to:

2.1.1.1 Paint and other similar surface coatings,

2.1.1.2 Toys and other articles intended for use by children;

2.1.1.3 Certain furniture articles that are not otherwise exempt under the CPSIA and these Regulations.

2.1.2 When a children’s product contains lead paint or a surface coatings where the total weight of such paint or surface coating is no greater than 10 mg or where such paint or surface coating covers no more than one square centimeter (1 cm2) of surface area of the product, then the painted or coated surface may be analyzed using x-ray fluorescence technology or other alternative methods approved by the Health Authority. Such alternative methods for measurement shall not permit more than 2 µg of lead in a total weight of 10 mg or less of paint or other surface coating or in a surface area of 1 cm2 or less.

2.2 Exclusion of inaccessible component parts

2.2.1 The limits established under Section 2.1.1 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. A component part is not accessible under this Section if the component part is not physically exposed because it has 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.

2.2.2 For purposes of this Section, paint, coatings, or electroplating are not considered sufficient barriers to 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.

2.3 Ceramic ware

2.3.1 Some ceramic food wares have been found to leach significant quantities of lead from potential food contact surfaces. The metal is extractable by foods and can cause a wide variety of adverse health effects including the traditional effects of chronic lead poisoning under continued food use.

2.3.2 All ornamental or decorative ceramic ware for sale or distribution in Clark County that appears to be suitable for food use will be considered to be for food use unless it bears:

2.3.2.1 A conspicuous stick-on label on a surface clearly visible to consumers that states in legible script in letters at least one-eighth (0.125) inch in height one of the following messages:

2.3.2.1.1 “Not for Food Use. May Poison Food,”

2.3.2.1.2 “Not for Food Use. Glaze contains lead. Food Use May Result in Lead Poisoning,” and/or

2.3.2.1.3 “Not for Food Use—Food Consumed from this Vessel (Plate) May be Harmful,” or

2.3.2.2 A conspicuous and legible permanent statement of the message selected from Section 2.3.2.1 molded or fired onto the exterior surface of the base or, when the ceramic ware is not fired after decoration, permanently painted onto the exterior surface of the base. This permanent statement shall be in letters at least one-eighth (0.125) inch in height, except that if insufficient space exists for the permanent statement in letters of such height, the statement shall be in the largest letters that will allow it to fit on the base of the piece, provided that the letters are at least one-sixteenth (0.062) inch in height; or

2.3.2.3 A hole is bored through the potential food-contact surface to prevent its use for food.

2.3.3 All ceramic ware articles for sale in Clark County that are suitable for use with foods and lack the marking specified in Section 2.3.2, shall not contain a level of lead per mL of leaching solution exceeding the table below by category specified. The determination of lead levels is based on the assessment of six items per testing unit, as shown in the following chart:

2.4 Periodic reviews and further reductions

As the CPSC evaluates the best available scientific and technical information and periodically reviews and revises the downward allowable limits for lead in consumer products, these Regulations shall be modified to meet the most recent requirements promulgated by law.