38412 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

content exceeds the permissible limit of 0.06 

percent of the weight of the total nonvolatile 

content of the paint or the weight of the dried 

paint film. 

12. Beginning in 2006 and ending in 

October 2007, Family Dollar sold, 

manufactured for sale, offered for sale, 

distributed in commerce, or imported into 

the United States, or caused one or more of 

such acts, with respect to the Pails, in 

violation of section 19(a)(1) of the CPSA, 15 

U.S.C. 2068(a)(1). Family Dollar committed 

these prohibited acts ‘‘knowingly,’’ as that 

term is defined in section 20(d) of the CPSA, 

15 U.S.C. 2069(d). 

13. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Family Dollar is subject to civil 

penalties for the aforementioned violations. 

Family Dollar Response 

14. Family Dollar denies the Staff’s 

allegations set forth above that Family Dollar 

knowingly violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission has 

jurisdiction over this matter and over Family 

Dollar. 

16. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Family 

Dollar, or a determination by the 

Commission, that Family Dollar has 

knowingly violated the CPSA. 

17. In settlement of the Staff’s allegations, 

Family Dollar shall pay a civil penalty in the 

amount of seventy five thousand dollars 

($75,000.00) within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement. This 

payment shall be made by check payable to 

the order of the United States Treasury. 

18. Upon the Commission’s provisional 

acceptance of the Agreement, the Agreement 

shall be placed on the public record and 

published in the Federal Register in 

accordance with the procedures set forth in 

16 CFR 1118.20(e). In accordance with 16 

CFR 1118.20(f), if the Commission does not 

receive any written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally accepted 

on the sixteenth (16th) day after the date it 

is published in the Federal Register. 

19. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Family Dollar knowingly, 

voluntarily, and completely waives any 

rights it may have in this matter to the 

following: (1) An administrative or judicial 

hearing; (2) judicial review or other challenge 

or contest of the validity of the Commission’s 

Order or actions; (3) a determination by the 

Commission of whether Family Dollar failed 

to comply with the CPSA and its underlying 

regulations; (4) a statement of findings of fact 

and conclusions of law; and (5) any claims 

under the Equal Access to Justice Act. 

20. The Commission may publicize the 

terms of the Agreement and Order. 

21. The Agreement and Order shall apply 

to, and be binding upon, Family Dollar and 

each of its successors and assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Family 

Dollar to appropriate legal action. 

23. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those contained in 

the Agreement and Order may not be used to 

vary or contradict its terms. The Agreement 

shall not be waived, amended, modified, or 

otherwise altered, except in a writing that is 

executed by the party against whom such 

waiver, amendment, modification, or 

alteration is sought to be enforced. 

24. If any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and Order, such provision shall be fully 

severable. The balance of the Agreement and 

Order shall remain in full force and effect, 

unless the Commission and Family Dollar 

agree that severing the provision materially 

affects the purpose of the Agreement and 

Order. 

Family Dollar Stores, Inc. 

Dated: 3/19/09. 

By: lllllllllllllllllll

Jacob Modla, Esq., 

Assistant Secretary and Interim General 

Counsel, Family Dollar Stores, Inc., 10401 

Monroe Road, Matthews, NC 28105–5349. 

Dated: 3/23/09. 

By: lllllllllllllllllll

Michael J. Gidding, Esq. 

Brown & Gidding, P.C., 3201 N. Mexico Ave, 

NW., Washington, DC 20016, Counsel for 

Family Dollar Stores, Inc. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel, Ronald G. Yelenik, Assistant 

General Counsel, Division of Compliance, 

Office of the General Counsel. 

Dated: 3/31/09. 

By: lllllllllllllllllll

Belinda V. Bell, 

Trial Attorney, M. Reza Malihi, Trial 

Attorney, Division of Compliance, Office of 

the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Family Dollar Stores, Inc., 

CPSC Docket No. 09–C0023. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Family 

Dollar Stores, Inc. (‘‘Family Dollar’’) and the 

U.S. Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Family Dollar, and it appearing that 

the Settlement Agreement and Order are in 

the public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that Family Dollar shall 

pay a civil penalty in the amount of seventy 

five thousand dollars ($75,000.00) within 

twenty (20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure of Family 

Dollar to make any of the foregoing payments 

when due, interest on the unpaid amount 

shall accrue and be paid by Family Dollar at 

the Federal legal rate of interest set forth at 

28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 8th day of July, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18519 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0024] 

Michaels Stores, Inc., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Michaels 

Stores, Inc., containing a civil penalty of 

$45,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0024, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: M. 

Reza Malihi, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Michaels Stores, Inc. (‘‘Michaels’’) and the 

staff (‘‘Staff’’) of the United States Consumer 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38413 

Product Safety Commission (‘‘CPSC’’ or the 

‘‘Commission’’) enter into this Settlement 

Agreement (‘‘Agreement’’). The Agreement 

and the incorporated attached Order 

(‘‘Order’’) settle the Staff’s allegations set 

forth below. 

Parties 

2. The Commission is an independent 

federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Michaels is a corporation organized and 

existing under the laws of Delaware, with its 

principal offices located in Irving, Texas. At 

all times relevant hereto, Michaels imported 

and/or sold children’s products, among other 

arts and crafts merchandise in various 

categories such as Seasonal, Kids Crafts and 

Paper Crafts. 

Staff Allegations 

4. Beginning in August 2007, Michaels 

imported into the United States about 

310,000 units of certain seasonal writing 

pens, consisting of ‘‘Flower Writers,’’ 

‘‘Christmas Writers,’’ ‘‘Easter Writers’’ and 

‘‘Spooky Writers’’ styles, each bearing 

applicable themed decorations including 

flowers, Christmas, Easter and Halloween 

ornamentation (‘‘Pen(s)’’). The Pens were, in 

turn, offered for sale or sold to consumers at 

Michaels stores nationwide from August 

2007 through March 2008 for about $1 per 

unit. 

5. The Pens are ‘‘consumer product(s),’’ 

and, at all times relevant hereto, Michaels 

was a ‘‘manufacturer’’ and/or a ‘‘retailer’’ of 

those consumer product(s), which were 

‘‘distributed in commerce,’’ as those terms 

are defined in CPSA sections 3(a)(3), (5), (8), 

(11), and (13), 15 U.S.C. §§ 2052(a)(3), (5), (8), 

(11), and (13). 

6. The Pens are articles intended to be 

entrusted to or for use by children, and, 

therefore, are subject to the requirements of 

the Commission’s Ban of Lead-Containing 

Paint and Certain Consumer Products 

Bearing Lead-Containing Paint, 16 CFR Part 

1303 (the ‘‘Ban’’). Under the Ban, toys and 

other children’s articles must not bear ‘‘leadcontaining paint,’’ defined as paint or other 

surface coating materials whose lead content 

is more than 0.06 percent of the weight of the 

total nonvolatile content of the paint or the 

weight of the dried paint film. 16 CFR 

§ 1303.2(b)(1) 

7. On October 28, 2007, the Staff obtained 

from the University of Ashland’s Department 

of Chemistry laboratory results relating to, in 

pertinent part, testing for the presence of lead 

in surface paints on samples of the Flower 

Writers and Christmas Writers Pens 

purchased from a Michaels store in 

Mansfield, Ohio. The University’s test results 

demonstrated that each of twelve paint colors 

tested contained excessive lead levels, with 

an average total lead content of 2.53 percent, 

and an upper range as high as 5.07 percent. 

These levels of lead are in excess of the 

permissible 0.06 percent limit set forth in the 

Ban. 

8. In March 2008, Michaels reported to 

CPSC that it had commissioned an 

independent laboratory to conduct further 

testing for the presence of lead in surface 

coatings on additional Pen samples. As 

expressed in two test reports issued 

concurrently, the confirmatory testing 

demonstrated that four (4) composite paint 

colors obtained from different locations of 

the Flower Writers Pens contained a total 

lead content from 4,400 parts per million 

(ppm) up to 37,000 ppm; and that six (6) 

composite paint colors obtained from 

different locations of the Easter Writers Pens 

contained a total lead content from 970 ppm 

to 31,000 ppm. These levels of lead are in 

excess of the permissible 0.06 percent limit 

set forth in the Ban. 

9. On April 10, 2008, the Commission and 

Michaels announced a consumer-level recall 

of about 310,000 units of the Pens because 

‘‘The seasonal writing pens’ surface coating 

contains high levels of lead, violating the 

federal lead paint standard.’’ 

10. Although Michaels reported no 

incidents or injuries associated with the 

Pens, it failed to take adequate action to 

ensure that none would bear or contain leadcontaining paint, thereby creating a risk of 

lead poisoning and adverse health effects to 

children. 

11. The Pens constitute ‘‘banned hazardous 

products’’ under CPSA section 8 and the Ban, 

15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), 

1303.4(b), in that they bear or contain paint 

or other surface coating materials whose lead 

content exceeds the permissible limit of 0.06 

percent of the weight of the total nonvolatile 

content of the paint or the weight of the dried 

paint film. 

12. Between August 2007 and March 2008, 

Michaels sold, manufactured for sale, offered 

for sale, distributed in commerce, or 

imported into the United States, or caused 

one or more of such acts, with respect to the 

aforesaid banned hazardous Pens, in 

violation of section 19(a)(1) of the CPSA, 15 

U.S.C. 2068(a)(1). Michaels committed these 

prohibited acts ‘‘knowingly,’’ as that term is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

13. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Michaels is subject to civil 

penalties for the aforementioned violations. 

Michaels Response 

14. Michaels denies the Staff’s allegations 

set forth above that Michaels knowingly 

violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Michaels. 

16. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by 

Michaels, or a determination by the 

Commission, that Michaels has knowingly 

violated the CPSA. 

17. In settlement of the Staff’s allegations, 

Michaels shall pay a civil penalty in the 

amount of forty five thousand dollars 

($45,000.00) within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement. This 

payment shall be made by check payable to 

the order of the United States Treasury. 

18. Upon the Commission’s provisional 

acceptance of the Agreement, the Agreement 

shall be placed on the public record and 

published in the Federal Register in 

accordance with the procedures set forth in 

16 CFR 1118.20(e). In accordance with 16 

CFR 1118.20(f), if the Commission does not 

receive any written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally accepted 

on the sixteenth (16th) day after the date it 

is published in the Federal Register. 

19. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Michaels knowingly, 

voluntarily, and completely waives any 

rights it may have in this matter to the 

following: (1) An administrative or judicial 

hearing; (2) judicial review or other challenge 

or contest of the validity of the Commission’s 

Order or actions; (3) a determination by the 

Commission of whether Michaels failed to 

comply with the CPSA and its underlying 

regulations; (4) a statement of findings of fact 

and conclusions of law; and (5) any claims 

under the Equal Access to Justice Act. 

20. The Commission may publicize the 

terms of the Agreement and Order. 

21. The Agreement and Order shall apply 

to, and be binding upon, Michaels and each 

of its successors and assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Michaels 

to appropriate legal action. 

23. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those contained in 

the Agreement and Order may not be used to 

vary or contradict its terms. The Agreement 

shall not be waived, amended, modified, or 

otherwise altered, except in a writing that is 

executed by the party against whom such 

waiver, amendment, modification, or 

alteration is sought to be enforced. 

24. If any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and Order, such provision shall be fully 

severable. The balance of the Agreement and 

Order shall remain in full force and effect, 

unless the Commission and Michaels agree 

that severing the provision materially affects 

the purpose of the Agreement and Order. 

Michaels Stores, Inc. 

Dated: February 3, 2009. 

By: lllllllllllllllllll

Michael Veitenheimer, 

Senior Vice President, General Counsel and 

Secretary, Michaels Stores, Inc., 8000 Bent 

Branch Drive, Irving, Texas 75063. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: March 6, 2009. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 


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38414 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

Order 

Upon consideration of the Settlement 

Agreement entered into between Michaels 

Stores, Inc. (‘‘Michaels’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Michaels, and it appearing that the 

Settlement Agreement and Order are in the 

public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further Ordered, that Michaels shall pay a 

civil penalty in the amount of forty five 

thousand dollars ($45,000.00) within twenty 

(20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure of Michaels 

to make any of the foregoing payments when 

due, interest on the unpaid amount shall 

accrue and be paid by Michaels at the federal 

legal rate of interest set forth at 28 U.S.C. 

1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 8th day of July, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18518 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0025] 

Hobby Lobby Stores, Inc., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Hobby 

Lobby Stores, Inc., containing a civil 

penalty of $50,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0025, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: M. 

Reza Malihi, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Hobby Lobby Stores, Inc. (‘‘Hobby Lobby’’) 

and the staff (‘‘Staff’’) of the United States 

Consumer Product Safety Commission 

(‘‘CPSC’’ or the ‘‘Commission’’) enter into 

this Settlement Agreement (‘‘Agreement’’). 

The Agreement and the incorporated 

attached Order (‘‘Order’’) settle the Staff’s 

allegations set forth below. 

Parties 

2. The Commission is an independent 

Federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Hobby Lobby is a corporation organized 

and existing under the laws of Oklahoma, 

with its principal offices located in 

Oklahoma City, Oklahoma. At all times 

relevant hereto, Hobby Lobby imported and/ 

or sold toys and other children’s products, 

among other merchandise such as arts and 

crafts, hobbies, picture framing, jewelry 

making, fashion fabrics, floral, cards and 

party items. 

Staff Allegations 

4. During August 2007, Hobby Lobby 

imported into the United States about 10,000 

units of certain Halloween-themed plastic 

baskets, with two carrying handles, an 

emblem of a witch, bat or pumpkin attached 

to each side of the handle, and item number 

5464201 located next to the price on the 

paper hangtag on the handle (‘‘Basket(s)’’). 

The Baskets were, in turn, offered for sale or 

sold to consumers at Hobby Lobby stores 

nationwide from August 2007 through 

November 2007 for about $1 per unit. 

5. Also during August 2007, Hobby Lobby 

imported into the United States about 13,000 

units of Easter-Themed Camouflage Eggs and 

Spinning Egg Top Toys. The Camouflage 

Easter Egg Treat Containers have Item #1031 

printed on the front of the packaging and are 

white, brown and green camouflage colors, 

sold in a package of eight eggs, with ‘‘Made 

in China for Tony Development and Mfg Ltd; 

TST, Kin, HK’’ and UPC code number 43078 

01031 printed on the back of the packing 

(‘‘Egg(s)’’). The Easter Spinning Egg Tops 

have Item # 1054 printed on the front of the 

packaging and are multi-colored and come in 

packages of a single egg and a rip cord, with 

‘‘Made in China for Tony Development and 

Mfg Ltd. TST, Kin, HK’’ and UPC code 

number 43078 01054 printed on the back of 

the packaging (‘‘Top(s)’’). The Eggs and Tops 

were, in turn, offered for sale or sold to 

consumers at Hobby Lobby stores nationwide 

from January 2008 through March 2008, for 

about $2.50 per unit and about $2 per unit, 

respectively. 

6. The Baskets, Eggs and Tops are 

‘‘consumer product(s),’’ and, at all times 

relevant hereto, Hobby Lobby was a 

‘‘manufacturer’’ and/or a ‘‘retailer’’ of those 

consumer product(s), which were 

‘‘distributed in commerce,’’ as those terms 

are defined in CPSA sections 3(a)(3), (5), (8), 

(11), and (13), 15 U.S.C. 2052(a)(3), (5), (8), 

(11), and (13). 

7. The Baskets, Eggs and Tops are articles 

intended to be entrusted to or for use by 

children, and, therefore, are subject to the 

requirements of the Commission’s Ban of 

Lead-Containing Paint and Certain Consumer 

Products Bearing Lead-Containing Paint, 16 

CFR part 1303 (the ‘‘Ban’’). Under the Ban, 

toys and other children’s articles must not 

bear ‘‘lead-containing paint,’’ defined as 

paint or other surface coating materials 

whose lead content is more than 0.06 percent 

of the weight of the total nonvolatile content 

of the paint or the weight of the dried paint 

film. 16 CFR 1303.2(b)(1) 

8. Samples of the Baskets were tested by 

an independent laboratory for the presence of 

lead pursuant to the Ban. The test results 

demonstrated that certain samples of each 

contained levels of lead in excess of the 

permissible 0.06 percent limit set forth in the 

Ban. On or about October 30, 2007, the 

Commission informed Hobby Lobby of the 

violation. 

9. On November 16, 2007, the Commission 

and Hobby Lobby announced a consumerlevel recall of about 10,000 units of the 

Baskets because ‘‘Surface paint on the bat, 

pumpkin and witch emblems attached to the 

baskets contains excess levels of lead, which 

violates the Federal lead paint ban.’’ 

10. Samples of the Eggs and Tops were 

tested by an independent laboratory for the 

presence of lead pursuant to the Ban. The test 

results demonstrated that certain samples of 

each contained levels of lead in excess of the 

permissible 0.06 percent limit set forth in the 

Ban. On or about March 13, 2008, the 

Commission informed Hobby Lobby of the 

violation. 

11. On March 21, 2008, the Commission 

and Hobby Lobby announced a consumerlevel recall of about 13,000 units of the Eggs 

and Tops because ‘‘The paint on the toys 

contains excessive levels of lead, violating 

the Federal lead paint standard.’’ 

12. Although Hobby Lobby reported no 

incidents or injuries associated with the 

Baskets, Eggs and Tops, it failed to take 

adequate action to ensure that none would 

bear or contain lead-containing paint, thereby 

creating a risk of lead poisoning and adverse 

health effects to children. 

13. The Baskets, Eggs and Tops constitute 

‘‘banned hazardous products’’ under CPSA 

section 8 and the Ban, 15 U.S.C. 2057 and 16 

CFR 1303.1(a)(1), 1303.4(b), in that they bear 

or contain paint or other surface coating 

materials whose lead content exceeds the 

permissible limit of 0.06 percent of the 

weight of the total nonvolatile content of the 

paint or the weight of the dried paint film. 

14. Between August 2007 and March 2008, 

Hobby Lobby manufactured for sale, offered 


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