36-1674. Prohibited acts; classification

A. It shall be unlawful for any person to:

1. Apply lead-based paint to any interior surface of residential housing or a public building and to the exteriors and porches of such housing and buildings in any area which is readily accessible to children under seven years of age.

2. Apply lead-based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil in violation of the requirements established by the director.

3. Sell or distribute any toy, furniture, cooking utensil, drinking utensil, or eating utensil containing any lead-based paint which does not conform with the requirements established by the director.

B. Lead-based paint that may be purchased by the general public shall not be sold or distributed in any form unless the container is clearly labeled as follows:

"(Front panel)

Warning'.

Contains lead

Dried film of this paint may be

harmful if eaten or chewed

See other cautions on (side or back) panel.*

(Back or side panel)

Cautions

Do not apply on toys and other children's

articles, furniture, or interior surfaces

of any dwelling or facility which may be

occupied or used by children.

Do not apply on those exterior surfaces of

dwelling units, such as windowsills, porches,

stairs, or railing, to which children may be

commonly exposed.

Keep out of reach of children."

The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main panel of the label. Such information shall be placed together and distinctively apart from other wording or designs. The necessary prominence shall be achieved by placement within the borders of a square or rectangle with or without a borderline, and by use of suitable contrasts with the background achieved by distinctive typography or color, and by both color and typography when needed. The signal word and statement of hazard shall be in capital letters. The signal word shall be of a size bearing a reasonable relationship to the other type on the main panel, but shall not be less than eighteen point type, and the size of the statement of hazard shall not be less than twelve point type unless the label space on the container is too small to accommodate such type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than necessary and in no event to a size smaller than six point type.

C. The label requirement required by subsection B shall not apply to artists' supplies.

D. Any person who violates a provision of this section is guilty of a class 1 misdemeanor.