§ 16-41-39.4-7 — Sales of consumer and other products

Indiana § 16-41-39.4-7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 39.4: Childhood Lead Poisoning

Text

(a) A retail establishment that sells paint or
paint products shall do all of the following:
(1) Offer for sale a lead test kit that is capable of determining the
presence of a lead-based paint hazard.
(2) Provide to customers the federal Environmental Protection
Agency pamphlet "Protect Your Family from Lead in Your
Home" or a similar source of information approved by the state
department.
(3) Ensure that at least one (1) employee who provides advice to
customers concerning paint and paint products:
(A) attends a training program concerning lead hazards; and
(B) provides training to other employees who provide advice to
customers concerning paint and paint products.
This subsection does not apply to a paint or paint product that is used
solely for a craft or hobby.
(b) A person that sells, offers for sale, or distributes a consumer
product shall not remove, erase, or obscure the visibility of a statement
that:
(1) the manufacturer or wholesaler of the consumer product has
placed on the consumer product or the container or wrapper in
which the consumer product is contained; and
(2) specifies that the consumer product contains or may contain
lead.
(c) A person shall not sell or offer for sale at wholesale or retail or
distribute a consumer product, surface coating material, a food product,
or food packaging that:
(1) is a banned hazardous substance under the federal Hazardous
Substances Act (15 U.S.C. 1261(q)(1)); or
(2) has been determined by the state department to:
(A) have a lead content that is greater than the lesser of the lead
content specifications for lead paint in 16 CFR 1303.2 or state
law; and
(B) pose a danger of childhood lead poisoning because the
product, material, or packaging is reasonably expected to be
accessible to, chewed by, or ingested by a child who is less than
seven (7) years of age.
(d) If the state department, based on:
(1) test results performed by a certified laboratory at the state
department's request;
(2) information received from a federal agency; or
(3) other reliable information;
has reason to believe that a person has violated this section, the state
department may, with or without a prior hearing, issue to the person a
cease and desist order if the commissioner determines a cease and
desist order is in the public interest. In addition to all other remedies,
the commissioner may bring an action in the name and on behalf of the
state against the person to enjoin the person from violating this section.
(e) The state department or a local health department may at any
time during regular business hours inspect any premises where
consumer products are sold, offered for sale, or distributed to establish
compliance with this section.
(f) The state department may seize an item that is sold, offered for
sale, or distributed in violation of this section.
(g) The state department shall, not later than May 1, 2009, adopt
rules under IC 4-22-2 to implement this section. The rules adopted
under this subsection:
(1) may:
(A) establish exceptions under which items described in
subsection (c) may be sold, offered for sale, or distributed upon
the state department's determination that the risk posed to
children by the items is minimal; or
(B) require labeling of an item or signage to reflect that the item
contains lead; and
(2) must be consistent with federal law.

Legislative History

As added by P.L.102-2008, SEC.14. Amended by P.L.57-2009, SEC.16.