Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38409 

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. 

11. From January 2005 to March 2007, 

A&A 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 hazards Bracelets in violation of 

section 19(a)(1) of the CPSA, 15 U.S.C. 

2068(a)(1) (which acts at the time were in 

violation of 19(a)(2) of the CPSA, 15 U.S.C. 

2068(a)(2), as the Consumer Product Safety 

Improvement Act of 2008, Public Law 110– 

314, had yet to be enacted). A&A committed 

these prohibited acts ‘‘knowingly,’’ as that 

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

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

12. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, A&A is subject to civil penalties 

for the aforementioned violations. 

A&A’s Responsive Allegations 

13. A&A contests and denies the Staff’s 

allegations set forth in paragraphs 4 through 

12. 

14. A&A specifically denies that it failed to 

take adequate action to ensure that the 

Bracelets did not bear lead-containing paint 

exceeding the permissible limits set forth in 

the Ban. A&A’s compliance program, at the 

time of the subject recall met or exceeded 

industry standards for ensuring compliance 

with the permissible lead limits set forth in 

the Ban. Likewise, A&A asserts that it acted 

responsibly and reasonably to respond to the 

Commission’s concern regarding the 

Bracelets, including its prompt and voluntary 

implementation of a successful product recall 

of the Bracelets in cooperation with the 

Commission. 

15. A&A specifically denies that any 

alleged violation of the CPSA occurred 

‘‘knowingly,’’ as the term ‘‘knowingly’’ is 

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

U.S.C. 2069(d). 

16. A&A has entered into the Agreement 

for settlement purposes only, to avoid 

incurring additional expenses and the 

distraction of litigation. Accordingly, the 

Agreement and Order do not constitute, and 

are not evidence of, any fault or wrongdoing 

on the part of A&A. 

Agreement of the Parties 

17. Under the CPSA, the Commission has 

jurisdiction over this matter and over A&A. 

18. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by A&A, or 

a determination by the Commission, that 

A&A has knowingly violated the CPSA. 

19. In settlement of the Staff’s allegations, 

A&A shall pay a civil penalty in the amount 

of forty thousand dollars ($40,000.00) 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. 

20. 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. 

21. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, A&A 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 A&A 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. 

22. The Commission may publicize the 

terms of the Agreement and Order. 

23. The Agreement and Order shall apply 

to, and be binding upon, A&A and each of 

its successors and assigns. 

24. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject A&A to 

appropriate legal action. 

25. 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. 

26. 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 A&A agree that 

severing the provision materially affects the 

purpose of the Agreement and Order. 

A&A Global Industries, Inc. 

Dated: 4/23/09. 

By: lllllllllllllllllll

Eugene Lipman, 

Vice President of Finance and 

Administration, A&A Global Industries, Inc., 

17 Stenersen Lane, Cockeysville, MD 21030. 

Dated: 4/27/09. 

By: lllllllllllllllllll

Kathleen M. Sanzo, Esq., 

Morgan, Lewis & Bockius LLP, 1111 

Pennsylvania Avenue, NW., Washington, DC 

20004, Counsel for A&A Global Industries, 

Inc. 

U.S. Consumer Product Safety Commission 

Staff 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: 5/12/09. 

By: lllllllllllllllllll

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Renee K. Haslett, Trial 

Attorney, Division of Compliance, Office of 

the General Counsel. 

In the Matter of A&A Global Industries, 

Inc. 

Order 

Upon consideration of the Settlement 

Agreement entered into between A&A Global 

Industries, Inc. (‘‘A&A’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over A&A, 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 A&A shall pay a civil 

penalty in the amount of forty thousand 

dollars ($40,000.00). The civil penalty shall 

be paid 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 

A&A to make the foregoing payment when 

due, interest on the unpaid amount shall 

accrue and be paid by A&A 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. E9–18513 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0021] 

Raymond Geddes & Co., 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 Raymond 

Geddes & Co., containing a civil penalty 

of $40,000.00. 

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. 


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38410 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0021, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Sean Ward, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7602. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Raymond Geddes & Co., 

Provisional Acceptance of a Settlement 

Agreement and Order CPSC Docket No. 09– 

C0021. 

Settlement Agreement and Order 

1. In accordance with 16 CFR 1118.20, 

Raymond Geddes & Co. (‘‘Geddes’’) 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 the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). The 

Commission is responsible for the 

enforcement of the CPSA. 

3. Geddes is a corporation organized and 

existing under the laws of Maryland, with its 

principal offices located in Baltimore, 

Maryland. At all times relevant hereto, 

Geddes imported, distributed and sold pencil 

pouches to school supply distributors. 

Staff Allegations 

4. From September 1997 through October 

2007, Geddes imported and sold about 

84,200 units of pencil pouches, consisting of 

‘‘Stuff Keepers’’ pencil pouches, Style 

#63525, and ‘‘Bear Pencil Pouches,’’ Style 

#67221 (collectively, the ‘‘Children’s Pencil 

Pouches’’). The Children’s Pencil Pouches 

were supplied by and purchased from Getco 

Toys Nanjing Co., LTD (‘‘Getco’’), of China. 

Geddes sold the Children’s Pencil Pouches to 

school supply distributors nationwide. 

5. The Children’s Pencil Pouches are 

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

relevant hereto, Geddes was a 

‘‘manufacturer’’ of those consumer 

product(s), which were ‘‘distributed in 

commerce,’’ as those terms are defined in 

CPSA sections 3(a)(3), (5), (8), and (11), 15 

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

6. The Children’s Pencil Pouches 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 or contain ‘‘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). 

7. On October 24, 2007, Intertek Testing 

Services (‘‘Intertek’’) conducted follow-up 

testing for total lead content on samples of 

metal zippers on the Stuff Keepers pencil 

pouches. The test results demonstrated that 

the surface paint on two of the metal zipper 

samples had a total lead content from 0.277 

percent to 0.314 percent. These levels of lead 

are in excess of the permissible 0.06 percent 

limit set forth in the Ban. On October 30, 

2007, Intertek tested the zipper pull on a Bear 

Pencil Pouch sample for the presence of lead. 

The test result demonstrated that the surface 

paint on the sample had a total lead content 

above the permissible 0.06 percent limit set 

forth in the Ban. 

8. On November 21, 2007, the Commission 

and Geddes announced a consumer-level 

recall of about 84,200 units of the Children’s 

Pencil Pouches because ‘‘[t]he paint on the 

pencil pouches’ zipper pulls contains 

excessive levels of lead, violating the Federal 

lead paint standard.’’ 

9. Although Geddes reported no incidents 

or injuries from the Children’s Pencil 

Pouches, it failed to take adequate action to 

ensure that they did not bear or contain leadcontaining paint, thereby creating a risk of 

lead poisoning and adverse health effects to 

children. 

10. The Children’s Pencil Pouches 

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. 

11. From September 1997 through October 

2007, Geddes 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 

Children’s Pencil Pouches, in violation of 

section 19(a)(1) of the CPSA, 15 U.S.C. 

2068(a)(1). Geddes committed these 

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

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

U.S.C. 2069(d). 

12. Pursuant to section 20 of the CPSA, 15 

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

penalties for the aforementioned violations. 

Geddes Response 

13. Geddes denies the Staff’s allegations set 

forth above that Geddes knowingly violated 

the CPSA. 

Agreement of the Parties 

14. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Geddes. 

15. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Geddes, 

or a determination by the Commission, that 

Geddes has knowingly violated the CPSA. 

16. In settlement of the Staff’s allegations, 

Geddes shall pay a civil penalty in the 

amount of forty thousand dollars 

($40,000.00) within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement. The payment 

shall be by check payable to the order of the 

United States Treasury. 

17. 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. 

18. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Geddes 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 Geddes 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. 

19. The Commission may publicize the 

terms of the Agreement and Order. 

20. The Agreement and Order shall apply 

to, and be binding upon, Geddes and each of 

its successors and assigns. 

21. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Geddes to 

appropriate legal action. 

22. 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. 

23. If after the effective date hereof, 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 Geddes agree that severing 

the provision materially affects the purpose 

of the Agreement and Order. 

Raymond Geddes & Co. 

Dated: 12/2/08. 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38411 

By: lllllllllllllllllll

Will Geddes, 

President, 8901 Yellow Brick Rd., Baltimore, 

MD 21237–2303. 

Dated: 12/8/08. 

By: lllllllllllllllllll

John Scaldara, Esq., 

Offit Kurman, 8 Park Center Court, Suite 200, 

Owings Mill, MD 21117, Counsel for 

Raymond Geddes & Co. 

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: 11/25/08. 

By: lllllllllllllllllll

Sean R. Ward, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Raymond Geddes & Co., 

CPSC Docket No. 09–C0021. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Raymond 

Geddes & Co. (‘‘Geddes’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over Geddes, 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 Geddes shall pay a 

civil penalty in the amount of forty thousand 

dollars ($40,000.00) 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 Geddes to make any of the 

foregoing payments when due, interest on the 

unpaid amount shall accrue and be paid by 

Geddes 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. E9–18522 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0023] 

Family Dollar 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 Family 

Dollar Stores, Inc., containing a civil 

penalty of $75,000.00. 

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–C0023, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Belinda V. Bell, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7592 or M. Reza 

Malihi, Trial Attorney, (same address); 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Family Dollar Stores, Inc., 

CPSC Docket No. 09–C0023. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

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

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. Family Dollar is a corporation organized 

and existing under the laws of Delaware, 

with its principal offices located in 

Matthews, North Carolina. At all times 

relevant hereto, Family Dollar imported and/ 

or sold toys and children’s products, among 

other merchandise. 

Staff Allegations 

4. During 2006 and 2007, Family Dollar, 

through its subsidiary Family Dollar 

Services, Inc., imported into the United 

States a total of about 142,000 units of certain 

Halloween-themed plastic pails (SKU 

number 1033953, and UPC number 

017845000591) (‘‘Pail(s)’’). Specifically, 

Family Dollar imported 28,725 of the Pails 

during 2006, and an additional 112,560 in 

July 2007. From August 2007 through 

October 2007, Family Dollar stores 

nationwide offered the Pails for sale or sold 

them to consumers. 

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

and, at all times relevant hereto, Family 

Dollar 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 Pails 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 September 28, 2007, the Staff 

obtained third-party laboratory results 

relating to, in pertinent part, testing for the 

presence of lead in the surface coating of a 

sample of the Pails purchased from a Family 

Dollar retail store in Ashland, Ohio. The test 

results demonstrated that a green coating on 

the outside surface of the Pail contained a 

total lead content of 2.1% by weight. This 

level of lead is in excess of the permissible 

0.06 percent limit set forth in the Ban. 

8. In October 2007, Family Dollar reported 

to CPSC that it had commissioned an 

independent laboratory to conduct further 

testing for the presence of lead in surface 

coatings of another twelve (12) Pail samples. 

As expressed in a test report issued October 

5, 2007, the test results demonstrated that the 

Pails’ green surface coating contained a total 

lead content of 1200 mg/kg. These levels of 

lead are in excess of the permissible 0.06 

percent limit set forth in the Ban. 

9. On October 25, 2007, the Commission 

and Family Dollar announced a consumerlevel recall of about 142,000 units of the Pails 

because ‘‘[t]he green paint on the pails 

contains excessive levels of lead, violating 

the Federal lead paint standard.’’ 

10. Although Family Dollar reported no 

incidents or injuries associated with the 

Pails, 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 Pails 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 


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