Exemptions Available for Certain Applications and Products

(A) The following lead-based paints shall be exempted by the Director from the provisions of M.G.L. c. 111, § 196(b) [105 CMR 460.200(C)], upon compliance with the terms and conditions set forth in M.G.L. c. 111, § 196(b): (1) lead-based paints for application to artists’ canvases; (2) touch-up paints for metal machinery, appliances, vehicles, or water craft, when sold in containers small enough to preclude any reasonable risk of use in buildings or on furniture; (3) lead primers for applications to small craft hulls, when sold at retail only through boat yards, marinas, ship chandleries and businesses dealing in marine sales; (4) finish paints intended for factory application upon manufactured products not intended for use in homes or in other structures, such as schools or day care centers, where children commonly spend periods of over ½ hour; (5) lead primers for structural metals not exposed to occupant contact, vehicles, and watercraft; (6) refinishing paints for automotive, agricultural, and industrial equipment; (7) paints for industrial and commercial building maintenance, including traffic and safety marking paints; (8) graphic art paints marketed for application to billboards, road signs, and other similar uses. (B) Lead-based glazes, enamels and frits are exempted by the Director from the provisions of M.G.L. c. 111, § 196(b) provided the following conditions are met: (1) Lead-based glazes, enamels, and/or frits shall not be sold to individuals younger than 18 years old. (2) Lead-based glazes, enamels, and/or frits shall not be sold for use in settings where children younger than 18 years old, or mentally handicapped or impaired individuals may use them or be exposed to their use. Such settings include, but are not limited to, schools, nursing homes, camps, recreational centers, churches, etc. (3) Lead-based glazes, enamels, and/or frits shall not be sold to institutions or organizations working with or serving the mentally handicapped. (4) Labeling of lead-based glazes, enamels, and frits shall meet the specifications of the Director. (5) Manufacturers and distributors shall develop and distribute educational materials for the safe use of lead-based glazes, enamels, and frits as specified by the Director.