12 2 STA T .30 1 8PUBLIC LA W 110 – 31 4— AU G .14 , 2008 tha t is1ye a r a f ter the d ate o fe n a c t m ent of this A ct , the l ead limit referred to in p ara g raph ( 1 ) is 30 0 parts per million total lead content b y w eight for any part of the prod u ct . ( C ) 100 PARTS P E R MIL LI ON . —Ex cept as pro v ided in subparagraphs ( D ) and (E), beginning on the date that is 3 years after the date of enactment of this Act, subpara - graph ( B ) shall be applied by substituting ‘ ‘100 parts per million ’ ’ for ‘‘300 parts per million’’ unless the Commission determines that a limit of 100 parts per million is not technologically feasible for a product or product category. T he Commission may ma k e such a determination only after notice and a hearing and after analy z ing the public health protections associated with substantially reducing lead in children’s products. (D) ALTERNATE RE DUC TION O F LIMIT.— I f the Commis- sion determines under subparagraph (C) that the 100 parts per million limit is not technologically feasible for a product or product category, the Commission shall, by regulation, establish an amount that is the lowest amount of lead, lower than 300 parts per million, the Commission deter- mines to be technologically feasible to achieve for that product or product category. The amount of lead established by the Commission under the preceding sentence shall be substituted for the 300 parts per million limit under subparagraph (B) beginning on the date that is 3 years after the date of enactment of this Act. (E) P ERIODIC RE V IE W AND FURT H ER REDUCTIONS.—The Commission shall, based on the best available scientific and technical information, periodically review and revise downward the limit set forth in this subsection, no less fre q uently than every 5 years after promulgation of the limit under subparagraph (C) or (D) to require the lowest amount of lead that the Commission determines is techno- logically feasible to achieve. The amount of lead established by the Commission under the preceding sentence shall be substituted for the lead limit in effect immediately before such revision. (b) E X CLUSION OF CERTAIN M ATERIALS OR PRODUCTS AND INACCESSI B LE COMPONENT PARTS.— (1) CERTAIN PRODUCTS OR MATERIALS.—The Commission may, by regulation, exclude a specific product or material from the prohibition in subsection (a) if the Commission, after notice and a hearing, determines on the basis of the best-available, ob j ective, peer-reviewed, scientific evidence that lead in such product or material will neither— (A) result in the absorption of any lead into the human body, taking into account normal and reasonably foresee- able use and abuse of such product by a child, including swallowing, mouthing, breaking, or other children’s activi- ties, and the aging of the product
nor (B) have any other adverse impact on public health or safety. ( 2 ) EXCEPTION FOR INACCESSIBLE COMPONENT PARTS.— (A) IN G ENERAL.—The limits established under sub- section (a) shall not apply to any component part of a children’s product that is not accessible to a child through Ap p licab ili ty.
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