S.729 - Lead Exposure Reduction Act of 1994103rd Congress (1993-1994)
Summary: S.729 — 103rd Congress (1993-1994)
Passed Senate amended (05/25/1994)
TABLE OF CONTENTS:
Title I: Lead Abatement
Title II: Miscellaneous
Title III: Authorization of Appropriations
Lead Exposure Reduction Act of 1994 - Title I: Lead Abatement - Amends the Toxic Substances Control Act to prohibit the importing, manufacturing, processing, or distribution in commerce of certain products containing more than a specified percentage of lead.
(Sec. 103) Directs the Administrator to: (1) ban the manufacture, importation, processing, sale, and distribution in commerce of lead solders commonly used in plumbing systems; and (2) restrict the sale and display of lead solders capable of being used in such systems.
Directs the Administrator, if a voluntary standard for the leaching of lead from new plumbing fittings and fixtures that are intended to dispense water for human ingestion is not established within one year of this Act's enactment, to promulgate regulations setting a health-effects-based performance standard establishing maximum leaching levels. Bans the importation, manufacture, processing, or distribution of fittings or fixtures containing more than four percent lead by dry weight if such regulations have not been promulgated within five years of this Act's enactment.
Prohibits the sale or distribution in commerce of packaging or products if they include any additive to which lead has been intentionally introduced.
Exempts certain products from lead content requirements, including products used for medical purposes, radiation protection or shielding, or in the mining industry to determine the presence of noble metals.
(Sec. 104) Requires the Administrator to promulgate a list of lead-containing products that may present a health or environmental risk, specify the maximum concentration of lead found in such products, and promulgate labeling requirements.
(Sec. 106) Prohibits: (1) placing in a landfill or incinerating lead-acid batteries; and (2) the disposal of such batteries other than by recycling in accordance with this Act. Requires used batteries to be delivered to specified entities and establishes battery acceptance requirements.
Makes it unlawful to sell a battery that does not bear a label setting forth lead content and recycling information.
Prohibits any person from selling to an end user for use in the United States a regulated battery or rechargeable consumer product manufactured on or after one year after this Act's enactment date unless: (1) the battery is easily removable from the product, is contained in a battery pack that is easily removable, or is sold separately; and (2) the rechargeable consumer product and the battery are labeled in accordance with this Act. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly.
Requires retail establishments that sell such batteries or products to post notices informing consumers that regulated batteries must be recycled or disposed of properly.
Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate: (1) labeling requirements for such batteries and related products; and (2) easily-removable design requirements for rechargeable consumer products designed to contain such batteries or battery packs.
Provides for exemptions from rechargeable battery requirements under certain conditions.
Prohibits the sale or offering for sale or promotional purposes of:
(1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or afer January 1, 1995, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries on or after such date; and (4) any mercuric-oxide battery on or after January 1, 1997.
Sets forth enforcement provisions.
(Sec. 107) Directs the Administrator to require States receiving grants for lead inspections at covered schools and day care facilities to conduct inspections to detect lead-based paint and dust which contains a dangerous level of lead.
Requires school or day care personnel and parents of children attending facilities where lead is present to be given risk disclosure information.
Establishes requirements for renovations of such facilities.
Requires the Administrator to make grants to States for inspecting such facilities. Authorizes appropriations.
(Sec. 108) Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to establish protocols, criteria, and minimum performance standards for laboratory analysis of lead in blood and a program to certify blood analysis laboratories.
Requires the Administrator to appoint a Coordinator for Lead Activities.
(Sec. 109) Directs the Administrator to award grants to institutions of higher education for establishing Centers for the Prevention of Lead Poisoning.
Title II: Miscellaneous - Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if the packaging used for such food contains lead that has been intentionally introduced or if the incidental presence of lead exceeds specified percentages.
(Sec. 203) Requires the Secretary to establish standards and testing procedures with respect to lead in ceramic and crystal wares as necessary to make food that contacts such wares unadulterated.
Directs the Secretary to promulgate regulations to: (1) reduce lead in processed food; and (2) establish tolerance levels and testing procedures for lead in wine.
Prohibits the introduction or delivery into interstate commerce of ceramic or crystal ware or processed food that is not in compliance with lead regulations.
(Sec. 205) Expresses the sense of the Senate that the Administrator should finalize no rule or regulation that requires a nationwide prohibition of the manufacture, sale, or use of fishing sinkers, jigs, or lures containing lead, brass, or zinc until the Administrator gives priority consideration to alternative means of reducing the risk to waterfowl from lead fishing sinkers.
Title III: Authorization of Appropriations - Authorizes appropriations.