uct, or group of products, under the product category on
human health and the environment.
‘‘(d) PACKAGING.—
‘‘(1) DEFINITIONS.—As used in this subsection:
‘‘(A) INCIDENTAL
PRESENCE.—The term
‘incidental presence’ means the presence of lead
in a package or packaging component that was
not purposely introduced into the package or
packaging component for the properties or
characteristics of the lead.
‘‘(B) INTENTIONALLY
INTRODUCE.—The
term ‘intentionally introduce’ means to purpose-
fully introduce lead into a package or packaging
component with the intent that the lead be
present in the package or packaging component.
The term does not include—
‘‘(i) the presence of background levels
of lead that naturally occur in raw mate-
rials or are present as postconsumer addi-
tions, and that are not purposefully added
to perform as part of a package or packag-
ing component; and
‘‘(ii) any trace amounts of a process-
ing aid or similar material that is used to
produce a product from which a package
or packaging component is manufactured.
‘‘(2) INTENTIONAL INTRODUCTION.—Beginning
on the date that is 4 years after the date of enact-
ment of this subsection—
‘‘(A) no package or packaging component
shall be sold or distributed in commerce by a
distributor; and
‘‘(B) no product shall be distributed in
commerce by the distributor of the product in
a package,
if the product includes, in the package, or in any
packaging component, any ink, dye, pigment, adhe-
sive, stabilizer, or other additive to which lead has
been intentionally introduced as an element during
distribution (as opposed to the incidental presence of
lead).
‘‘(3) LIMITATIONS ON THE AVERAGE OF CON-
CENTRATION LEVELS FROM INCIDENTAL PRESENCE
OF LEAD.—Notwithstanding paragraph (2), the av-
erage of the concentration levels from any incidental
presence of lead present in any package or packag-
ing component, other than the lead originating from
the product contained in the package, shall not ex-
ceed—
‘‘(A) for the fifth 1-year period after the
date of enactment of this subsection, 600 parts
per million by weight (0.06 percent);
‘‘(B) for the sixth 1-year period after the
date of enactment of this subsection, 250 parts
per million by weight (0.025 percent); and
‘‘(C) for the seventh 1-year period after
the date of enactment of this subsection, and
for each 12-month period thereafter, 100 parts
per million by weight (0.01 percent).
‘‘(4) PROHIBITION.—No package or packaging
component shall be sold or distributed in commerce
by a distributor, and no product shall be sold or dis-
tributed in commerce in a package by a distributor,
if the package or packaging component exceeds the
applicable level provided under paragraph (3).
‘‘(5) CERTIFICATE OF COMPLIANCE.—
‘‘(A) IN GENERAL.—A certificate of com-
pliance stating that a package or packaging
component is in compliance with the require-
ments of this section shall be prepared and re-
tained by the distributor of the package or
packaging component.
‘‘(B) STATEMENT
RELATING
TO
EXEMP-
TION.—In any case in which compliance with
this section is based on an exemption under
paragraph (6), the certificate shall state the
specific basis upon which the exemption is
claimed.
‘‘(C) SIGNATURE
OF
AUTHORIZED
OFFI-
CIAL.—A certificate of compliance shall be
signed by an authorized official of the distribu-
tor referred to in subparagraph (A).
‘‘(6) EXEMPTION FROM PACKAGING REQUIRE-
MENTS.—Prior to the expiration of the 7-year period
beginning on the date of enactment of this sub-
section, on receipt of an application (in such form
and containing such information as the Adminis-
trator may prescribe by regulation), the Adminis-
trator may exempt from the requirements of para-
graph (2), (3) or (4)—
‘‘(A) a package or packaging component
manufactured prior to the date of enactment of
this subsection, as determined by the Adminis-
trator; and
‘‘(B) a package or packaging component to
which lead has been added in order to comply
with health or safety requirements of Federal
law or the law of any State or political subdivi-
sion of a State.
‘‘(e) EXEMPTIONS.—
‘‘(1) IN
GENERAL.—The Administrator shall,
by regulation, exempt from the restrictions described
in subsection (a)(1) on the lead content of paint any
products that are intended for use by artists in cre-
ating, restoring, and preserving works of art, includ-
ing graphic works of art, if the paint is sold or oth-
erwise distributed in a package labeled pursuant to
the requirements under section 405(c)(1).
‘‘(2) EXEMPTIONS.—The Administrator shall,
by regulation, exempt from the applicable restric-
tions on lead content under subsection (a) or (b) any
product, or group of products, within a product cat-
egory used—
‘‘(A) for a medical purpose (as defined by
the Administrator, in consultation with the Sec-
retary of Health and Human Services);
‘‘(B) for a purpose in the paramount inter-
est of the United States (as determined by the
Administrator, in consultation with the Sec-
retary of Defense);
‘‘(C) for radiation protection (as jointly de-
fined by the Administrator and the Nuclear
Regulatory Commission), including any product
or product category used in connection with the