The threshold

Who the ban reaches

On this page11

The ban applies to consumer products as the statute defines them And then the scope section extends it past the point of sale With a list of where that happens Direct access to the painted surface is the operative phrase Which brings a trade purchase inside the ban And it explains the exemption list from the other side The motor vehicle carve out is different in kind The Commission also recorded why it chose a ban And the part ties itself to another statute for enforcement Which is why the labeling requirements point there too References

Residences, schools, hospitals, parks, playgrounds. Anywhere a consumer can touch the surface.

The ban applies to consumer products as the statute defines them

Products customarily produced or distributed for sale to, or for the use, consumption or enjoyment of, consumers in or around a household, in schools, in recreation, or otherwise.

And then the scope section extends it past the point of sale

In addition to products sold directly to consumers, the ban applies to products which are used or enjoyed by consumers after sale.

With a list of where that happens

Paints used in residences, schools, hospitals, parks, playgrounds, and public buildings or other areas where consumers will have direct access to the painted surface.

Direct access to the painted surface is the operative phrase

Not ownership, not purchase. The question is whether a person can touch the film, which is consistent with the exposure route the figure is set against.

Which brings a trade purchase inside the ban

A painter buying paint for a hospital corridor is not a consumer, and the paint is still within scope because consumers will have direct access to the result.

And it explains the exemption list from the other side

Industrial building and equipment maintenance coatings, traffic and safety marking, billboards, road signs and industrial identification marking are surfaces consumers do not habitually touch.

The motor vehicle carve out is different in kind

Paints and coatings for motor vehicles and boats are not included because they are outside the statutory definition of consumer product, which is a jurisdictional answer rather than an exposure one.

The Commission also recorded why it chose a ban

It found that no feasible consumer product safety standard under the Act would adequately protect the public from the risk. So a ban rather than a performance standard was a reasoned choice and the part says so.

And the part ties itself to another statute for enforcement

Any ban or rule promulgated under 1303.1 is to be considered a regulation promulgated under or for the enforcement of section 2(q) of the Federal Hazardous Substances Act.

Which is why the labeling requirements point there too

The placement, conspicuousness and contrast of the required label statements must comply with the Federal Hazardous Substances Act requirements at 16 CFR 1500.121, rather than being specified again here.

References

16 CFR 1303.2(b)(2): "Lead-containing paint means paint or other similar surface coating materials containing lead or lead compounds and in which the lead content (calculated as lead metal) is in excess of 0.06 percent (0.06 percent is reduced to 0.009 percent effective August 14, 2009) by weight of the total nonvolatile content of the paint or the weight of the dried paint film." 16 CFR 1303.1(a) and (c) carry the same parenthetical correction, noting the reduction was "mandated by Congress in section 101(f) of the Consumer Product Safety Improvement Act of 2008". 16 CFR 1303.4 states the ban: paint and similar surface-coating materials which are lead-containing paint, toys and other articles intended for use by children that bear it, and furniture articles that bear it, manufactured after February 27, 1978. law.cornell.edu

16 CFR 1303.3(a), which conditions the paragraph (b) exemptions on labeling. Paragraph (a)(1) requires the signal word "Warning" unless another is required, and the statement: "Contains Lead. Dried Film of This Paint May Be Harmful If Eaten or Chewed." Paragraph (a)(2)(i) requires a further statement or its practical equivalent: "Do not apply on toys and other children’s articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. Do not apply on exterior surfaces of dwelling units, such as window sills, porches, stairs, or railings, to which children may be commonly exposed. Keep out of reach of children." Paragraph (a)(2)(ii) adds, where that statement is placed off the main panel: "See other cautions on ____ (insert ‘side’ or ‘back’, as appropriate) panel." Paragraph (a)(3) requires the placement, conspicuousness and contrast to comply with 16 CFR 1500.121. law.cornell.edu

Written from 16 CFR part 1303 and from the catalog as it stood on 19 October 2026. Part 1303 bans lead-containing paint and certain products bearing it; it does not govern ballast, couplers, scenery material or static grass, and it does not reach any container on this shelf. Nothing here states the lead content of anything, whether any product is a toy or article intended for use by children, or whether any coating complies with anything, and nothing here is guidance about using, stripping or disposing of paint. This shelf is shared identically by nine groups and the sewing notions property enumerates the inventory.