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LegalText 42 U.S.C. § 4841 Definitions us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 63 LEAD-BASED PAINT POISONING PREVENTION 4841 42 U.S.C. § 4841 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s4841 data/legal/raw/us/code/title-42/usc42.xml ebd6465bcd71d5b71ed3b049f87dcabb631b4df422e7c2b45c5ff85d65c6d860 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 6bdce8fea3e74536f06be7f82cea55791708d595f0a782f2f23b5a9a9997b4ff 2026-07-04 official
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42 U.S.C. § 4841 - Definitions

Text

As used in this chapter—

(1) The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(2) The term “units of general local government” means (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, (B) any combination of units of general local government in one or more States, (C) an Indian tribe, or (D) with respect to lead-based paint poisoning elimination activities in their urban areas, the territories and possessions of the United States.

(3) (A) Except as provided in subparagraph (B), the term “lead-based paint” means any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

(B) (i) The Consumer Product Safety Commission shall, during the six-month period beginning on the date of the enactment of the National Health Promotion and Disease Prevention Act of 1976, determine, on the basis of available data and information and after providing opportunity for an oral hearing and considering recommendations of the Secretary of Health and Human Services (including those of the Centers for Disease Control and Prevention) and of the National Academy of Sciences, whether or not a level of lead in paint which is greater than six one-hundredths of 1 per centum but not in excess of five-tenths of 1 per centum is safe. If the Commission determines, in accordance with the preceding sentence, that another level of lead is safe, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the six-month period beginning on the date of the Commissions determination, paint containing by weight (calculated as lead metal) in the total nonvolatile content of the paint more than the level of lead determined by the Commission to be safe or the equivalent measure of lead in the dried film of paint already applied, or both.

(ii) Unless the definition of the term “lead-based paint” has been established by a determination of the Consumer Product Safety Commission pursuant to clause (i) of this subparagraph, the term “lead-based paint” means, with respect to paint which is manufactured after the expiration of the twelve-month period beginning on such date of enactment, paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

(Pub. L. 91695, title V, § 501, Jan. 13, 1971, 84 Stat. 2080; Pub. L. 93151, § 6, Nov. 9, 1973, 87 Stat. 567; Pub. L. 94317, title II, § 204(c), June 23, 1976, 90 Stat. 706; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102531, title III, § 312(g), Oct. 27, 1992, 106 Stat. 3506.)

Notes

Editorial Notes

References in TextThe National Health Promotion and Disease Prevention Act of 1976, referred to in par. (3)(B)(i), probably means Pub. L. 94317, June 23, 1976, 90 Stat. 695, which enacted sections 300u to 300u5 of this title, amended sections 201, 243, 247b, 247c, 264, 300f, 4801, 4831, and 4841 to 4843 of this title, and enacted provisions set out as notes under sections 201, 247b, and 247c of this title. For complete classification of this Act to the Code, see Tables. Such date of enactment, referred to in par. (3)(B)(ii), probably means the date of approval of Pub. L. 94317, which was June 23, 1976.

Amendments1992—Par. (3)(B)(i). Pub. L. 102531 substituted “Centers for Disease Control and Prevention” for “Center for Disease Control”. 1976—Par. (3). Pub. L. 94317 substituted provisions redefining standards for lead in paint and procedures used to determine such standards, for provisions defining standards of lead-based paint to be paint containing more than five-tenths of 1 per centum of lead by weight prior to Dec. 31, 1974, and after such date, paint containing more than six one-hundredths of 1 per centum of lead by weight, except where the Chairman of the Consumer Product Safety Commission determined that the pre-1974 level was safe, then such level to become effective. 1973—Par. (3). Pub. L. 93151 amended par. (3). Prior to amendment, par. (3) defined “lead-based paint” to mean any paint containing more than 1 per centum lead by weight (calculated as lead metal) in the total non-volatile content of liquid paints or in the dried film of paint already applied.

Statutory Notes and Related Subsidiaries

Change of Name “Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (3)(B)(i) pursuant to section 509(b) of Pub. L. 9688, which is classified to section 3508(b) of Title 20, Education.