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Title 42 — The Public Health and Welfare

Chapter 63 — Lead-Based Paint Poisoning Prevention

§ 4831. Use of lead-based paint

Statutory text

(a)

Prohibition by Secretary of Health and Human Services in application to cooking, drinking, or eating utensils

The Secretary of Health and Human Services shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after .

(b)

Prohibition by Secretary of Housing and Urban Development of use in residential structures constructed or rehabilitated by Federal Government or with Federal assistance

The Secretary of Housing and Urban Development shall take steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form after .

(c)

Prohibition by Consumer Product Safety Commission in application to toys or furniture articles

The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Lead-Based Paint Poisoning Prevention Act

    Pub. L. 91–695 title IV § 401 · 84 Stat. 2078

    Enacted · 42 U.S.C. § 4831

    Pub. L. 91–695, title IV, § 401, Jan. 13, 1971, 84 Stat. 2079

    Source evidence

    Code source credit
    Pub. L. 91–695, title IV, § 401, Jan. 13, 1971, 84 Stat. 2079

    Enacted provision · exact public law section
    Sec. 401. prohibition against use of lead-based paint in future construction and rehabilitation The Secretary of Health, Education, and Welfare shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated after the date of enactment of this Act by the Federal government, or with Federal assistance in any form.

  2. Pub. L. 93–151 § 5 · 87 Stat. 565

    1. Amended · 42 U.S.C. § 4831

      Pub. L. 93–151 amended section generally, providing for consultation of the Secretaries, incorporating existing provisions as cl. (1)

    2. Added · 42 U.S.C. § 4831

      Pub. L. 93–151 adding cl. (2)

    Source evidence

    Code amendment note
    Pub. L. 93–151 amended section generally, providing for consultation of the Secretaries, incorporating existing provisions as cl. (1), and adding cl. (2).

    Enacted provision · exact public law section
    Sec. 5. Section 401 of the Lead Based Paint Poisoning Prevention 42 USC 4831. Act is amended to read as follows: “Sec. 401. “prohibition against use of lead based paint in construction of facilities and the manufacture of certain toys and utensils The Secretary of Health. Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, shall take such steps and impose such conditions as may be necessary or appropriate— “(1) to prohibit the use of lead based paint in residential structures constructed or rehabilitated by the Federal (government, or with Federal assistance in any form, after the date of enactment of this Act, and “(2) to prohibit the application of lead based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil manufactured and distributed after the date of enactment of this Act.”

  3. Disease Control Amendments of 1976

    Pub. L. 94–317 title II § 204(b) · 90 Stat. 695

    1. Amended · 42 U.S.C. § 4831

      Pub. L. 94–317 amended section generally

    2. Amended · 42 U.S.C. § 4831

      Pub. L. 94–317 designating existing provisions as subsec. (a)

    3. Struck · 42 U.S.C. § 4831

      Pub. L. 94–317 striking out requirement of consultation with Secretary of Housing and Urban Development and provisions relating to prohibition of use of lead based paint in residential structures constructed or rehabilitated by Federal Government or with Federal assistance

    4. Added · 42 U.S.C. § 4831

      Pub. L. 94–317 adding subsecs. (b) and (c)

    Source evidence

    Code amendment note
    Pub. L. 94–317 amended section generally, designating existing provisions as subsec. (a), striking out requirement of consultation with Secretary of Housing and Urban Development and provisions relating to prohibition of use of lead based paint in residential structures constructed or rehabilitated by Federal Government or with Federal assistance, and adding subsecs. (b) and (c).

    Enacted provision · exact public law section
    (b) Section 401 of such Act (42 U.S.C. 4831 ) is amended to read as follows: “Sec. 401. “prohibition against use of lead-based faint in construction of facilities and the manufacture of certain toys and utensils (a) The Secretary of Health. Education, and Welfare shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after the date of enactment of this Act. “(b) The Secretary of Housing and Urban Development shall take steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form after the date of enactment of this Act. “(c) The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article,”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

, referred to in subsecs. (a) and (b), was in the original “the date of enactment of this Act”.

Amendments1973–1976 · 2 rounds

1976

Pub. L. 94–317 amended section generally, designating existing provisions as subsec. (a), striking out requirement of consultation with Secretary of Housing and Urban Development and provisions relating to prohibition of use of lead based paint in residential structures constructed or rehabilitated by Federal Government or with Federal assistance, and adding subsecs. (b) and (c).

1973

Pub. L. 93–151 amended section generally, providing for consultation of the Secretaries, incorporating existing provisions as cl. (1), and adding cl. (2).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Credits

1971–1979 · 4 acts
  1. 1971Pub. L. 91–695, title IV, § 401, , 84 Stat. 2079
  2. 1973Pub. L. 93–151, § 5, , 87 Stat. 566
  3. 1976Pub. L. 94–317, title II, § 204(b), , 90 Stat. 705
  4. 1979Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695.
Show as published

(Pub. L. 91–695, title IV, § 401, , 84 Stat. 2079; Pub. L. 93–151, § 5, , 87 Stat. 566; Pub. L. 94–317, title II, § 204(b), , 90 Stat. 705; Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s4831