2006 Louisiana Laws - RS 40:1299.26 — Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties

§1299.26.  Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties

A.  No person shall knowingly sell, offer for sale, apply or cause to be applied lead-based paint or similar surface coating material, manufactured after the effective date of this Section, intended for use of the following surfaces or articles:

(1)  Interior surfaces of any dwelling,

(2)  Exterior surfaces of any dwelling such as window sills, porches, stairs or railings, to which children under six years of age may be commonly exposed,

(3)  Toys or other articles intended for use by children,

(4)  Residential furniture and fixtures that can be readily chewed by children, and

(5)  Cooking, eating and drinking utensils.  

B.(1)  No person shall knowingly sell or offer for sale any other lead-based paint or similar surface coating material that may be purchased by the general public unless the container is clearly labeled as to its intended use and bears on the principal display panel the word "WARNING" and the following statement: "Contains lead.  Dried film of this paint may be harmful if eaten or chewed."

(2)  The following cautionary statement, or its practical equivalent, shall be placed on the label but need not be part of the warning statement on the principal display panel:

"Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling.  Do not apply on those exterior surfaces of any dwelling, such as window sills, porches, stairs, or railings, to which children may be commonly exposed.  Keep Out Of The Reach of Children."

(3)  The type size of this labeling shall be in accordance with the requirements for precautionary labeling under the Federal Hazardous Substances Act, 15 U.S.C. §1260 (1970).  

C.  No person shall knowingly sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away, any toy or other article intended for use by children, residential furniture, cooking, drinking or eating utensil manufactured after January 1, 1973 to which any lead-based paint or similar surface coating material has been applied.  

D.  Any paint or other similar surface coating material shall be deemed to be lead-based when it contains lead compounds in excess of the Federal standard for lead content in residential paints established under Federal laws and regulations.  

E.  Any person who violates the provisions of this Section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each violation.  Any person who willfully violates the provisions of this Section shall be punished by imprisonment for not more than three months for each violation.  

F.  Any article of personal property in violation of this Section may be embargoed by the state health officer.  

G.  This Section shall become effective on January 1, 1973.  

Added by Acts 1972, Ex.Sess., No. 16, §2.  Acts 1988, No. 626, §1.