Section 1 — Definitions

Summary of abbreviations of terms used in these Regulations

CPSA Consumer Product Safety Act
CPSIA Consumer Product Safety Improvement Act of 2008
CPSC United States Consumer Product Safety Commission
DHO Deputy Health Officer
DOT Department of Transportation
EBL Elevated Blood Lead
EHS Environmental Health Specialist
°F Degrees Fahrenheit
FDA United States Food and Drug Administration
FHSA Federal Hazardous Substances Act
FIFRA Federal Insecticide, Fungicide, Rodenticide Act
µg/dl microgram(s) per deciliter
µg/g microgram(s) per gram
NAC Nevada Administrative Code
NRS Nevada Revised Statutes
ppm parts per million
SNHD Southern Nevada Health District

As used in these Regulations, unless the context otherwise requires, the following words and terms defined have the meanings ascribed to them in this document.

1.1 “Approved” defined. Approved means acceptable to the Health Authority based on conformance with any applicable, adopted Regulations, good public health practices, and recognized industry standards.

1.2 “Banned hazardous substance” defined. A banned hazardous substance is any toy or article intended for children, which is a hazardous substance or which bears or contains a hazardous substance in such a manner as to be susceptible of access by a child to whom such a toy or other article is entrusted.

1.3 “Cease and Desist Order” defined. A Cease and Desist Order is a written Order issued by the Health Authority which directs the responsible person to immediately stop doing or allowing a specific action to occur at a facility or any other similar location, which is causing, allowing, or creating the conditions that has or are likely to result in the occurrence of lead exposure or lead poisoning in a child. A Cease and Desist Order does not include an inherent direction to completely cease operating the entire facility, but may order the removal from sale or use any affected consumer products. A Cease and Desist Order may also instruct the responsible person to prevent access to areas where lead-contaminated or lead-containing products, which cannot or are not likely to be removed, are present. Under certain circumstances, a Cease and Desist Order can include a timeframe to achieve compliance with the Order so long as there is not an imminent threat to public health or safety.

1.4 “Ceramic ware” defined. Ceramic ware consists of the following categories for the purposes of these Regulations:

1.4.1 Flatware —ceramic articles which have an internal depth as measured from the lowest point to the horizontal plane passing through the upper rim that does not exceed 25 mm.

1.4.2 Hollowware —ceramic articles which have an internal depth measured from the lowest point to the horizontal plane passing through the upper rim, greater than 25 mm.

1.4.2.1 Small hollowware —a capacity of less than 1.1 liter.

1.4.2.1.1 Cups and mugs: small ceramic hollowware vessels commonly used for consumption of beverages, for example, coffee or tea at above room temperature. Cups and mugs normally, but not exclusively, have a capacity of about 240 mL or 8 fl. oz. and are manufactured with a handle. Cups normally have a base and curved sides while a mug has cylindrical sides.

1.4.2.2 Large hollowware —a capacity of 1.1 liter or more.

1.4.2.2.1 Pitchers: large ceramic hollowware vessels (sometimes known as jugs) commonly used for the storage and dispensing of fruit and vegetable juices or other acidic beverages at or below room temperature which are normally manufactured without a lid but with a handle and lip spout. For the purpose of this guideline, creamers, coffeepots, and teapots are not considered to be pitchers. Depending on capacity, creamers, coffeepots and teapots will be considered small or large hollowware.

1.5 “Child care facility” defined. A child care facility is a licensed establishment operated and maintained for the purpose of furnishing care, during a day or overnight, for children under eighteen (18) years of age, in which the parents or guardians are not present.

1.6 “Children” defined. For the purposes of these Regulations, children are defined as people twelve (12) years of age and younger.

1.7 “Children’s cosmetic” defined. Children’s cosmetics are any cosmetics intended for use by children ages twelve (12) years and younger for dress-up play.

1.8 “Children’s product” defined. Children’s product means a consumer product designed or intended primarily for children twelve (12) years of age or younger. Examples include: toys; children’s cosmetics; children’s jewelry; or any product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child; or to be worn as clothing by children; or child car seats. In determining whether a consumer product is primarily intended for a child twelve (12) years of age or younger, the following factors shall be considered:

  • A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
  • Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children twelve (12) years of age or younger.
  • Whether the product is commonly recognized by consumers as being intended for use by a child twelve (12) years of age or younger.
  • The Age Determination Guidelines issued by the CPSC in September 2002, and any successor to such guidelines.

1.9 “Commerce” defined. Commerce means trade, traffic, commerce, or transportation between a place in a state and any place outside thereof, or which affects trade, traffic, commerce, or transportation between a place in a state and any place outside thereof.

1.10 “Concentration” defined. Concentration means the relative content of a specific substance contained within larger mass, such as the amount of lead [in micrograms per gram (µg/g) or parts per million (ppm) by weight] in a sample.

1.11 “Consumer product” defined. A consumer product is any article, or component part thereof, produced or distributed for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise. This includes furniture, appliances, rugs, curtains, bed linens, wearing apparel, jewelry, toys, sports equipment, and electronics.

1.12 “Consumer product safety rule” defined. Consumer product safety rule means a consumer products safety standard described in section 2056(a) the CPSA, or a rule under this chapter declaring a consumer product a banned hazardous product.

1.13 “Distribute in commerce” or “distribution in commerce” defined. Distribute in commerce and distribution in commerce mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce.

1.14 “Distributor” defined. A distributor is a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product.

1.15 “Elevated blood lead (EBL) level” defined. An elevated blood lead (EBL) level is an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 10 µg/dl (micrograms of lead per deciliter of whole blood) for a single venous test.

1.16 “Enforcement” defined. Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, issuance of Notices of Violation, Hold Orders, Cease and Desist Orders, and other legal processes.

1.17 “Food” defined. Food includes articles used for food or drink for man or other animals; chewing gum; and articles used for components of any such article. (NRS 585.100)

1.18 “Food and Drug Administration (FDA)” defined. The United States Food and Drug Administration (FDA) is the federal agency responsible for ensuring that foods are safe, wholesome and sanitary; human and veterinary drugs, biological products, and medical devices are safe and effective; cosmetics are safe; and electronic products that emit radiation are safe. The FDA also ensures that these products are honestly, accurately and informatively represented to the public.

1.19 “Furniture” defined. Furniture, as defined in these Regulations pertaining to lead, include furniture articles for consumer use that bear lead-containing paint or coatings include, but are not limited to beds, bookcases, chairs, chests, tables, dressers, desks, pianos, console televisions, and sofas. However, they do not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, Venetian blinds, or wall hangings and draperies.

1.20 “Health Authority” defined. Health Authority means the officers and agents of the Southern Nevada District Board of Health and the SNHD.

1.21 “Health hazard” defined. Health hazard means any biological, physical, or chemical exposure, condition, or public nuisance that may adversely affect the health of a person.

1.22 “Health-Permitted facilities” defined. Health-Permitted facilities are those facilities or businesses, which have been issued a document by the Health Authority that authorizes a person to operate a business legally regulated by the Health Authority.

1.23 “Hold Order” defined. A Hold Order is a directive by the Health Authority to the Health Permit holder or responsible person to prohibit the use, serving, selling, or moving from the establishment any consumer product, including candy and other food products, which is suspected or confirmed to be adulterated with lead or any other adulterant at concentrations prohibited by law or regulation. A Hold Order may be vacated or released only by the Health Authority who issued it.

1.24 “Import” or “importation” defined. The terms “import” and “importation” include reimporting a consumer product manufactured or processed, in whole or in part, in the United States.

1.25 “Lead” defined. Lead is a naturally occurring heavy metal element that is widely present in the environment due to both its natural occurrence and human activities. Lead toxicity in humans has been well documented and adversely impacts many body systems. Even low exposures to lead has been shown to severely affect the development of children under the age of six. There is no save level of lead for children.

1.26 “Lead-bearing substance” defined. A lead-bearing substance means any of the following if they contain an amount equal to or greater than the amount of lead by weight (as determined by regulation) which may pose a significant health hazard to humans:

  • Soil;
  • Dust on any permanent or non-permanent surface of the dwelling, residential building, child care facility, or school;
  • Items, substances, and surfaces that are edible or chewable by or accessible to children, including toys, jewelry, furniture, or decorative objects;
  • Food or other ingestible substances or items; and
  • Paint or other surface coating material.

These Regulations regarding lead-bearing substances shall be based upon lead levels established, utilized, recommended, or offered as guidance by federal and state agencies as legally required, where established by law and regulation, or as best available control technology, when such becomes available.

1.27 “Lead-containing paint” defined. Lead-containing paint is paint or other similar surface coating materials containing lead or lead compounds and in which the lead content (calculated as lead metal) is in excess of 0.009 percent weight of the total nonvolatile content of the paint (90 ppm) or the weight of the dried paint film.

1.28 “Lead-contaminated consumer product” defined. A lead-contaminated consumer product is any consumer product which contains lead in levels which are in excess of those allowed for by law. Consumer products which have been deemed likely to be lead contaminated include, but are not limited to: painted products, toys, and furniture; certain food products such as Mexican-type tamarind or chile-containing candies, chile-containing snacks, or dried chiles (including their wrappers) or foods stored in lead-soldered cans; cosmetics; glazed pottery; folk remedies such as “azarcon,” “greta,” or “Nzu”; and children’s metallic or painted jewelry.

1.29 “Lead hazard” defined. A lead hazard is any lead-bearing substance that poses a significant health hazard to humans.

1.30 “Lead poisoning” defined. Lead poisoning is a medical condition caused by increased levels of the heavy metal lead in the body. Lead interferes with a variety of body processes and is toxic to many organs and tissues including the heart, bones, intestines, kidneys, and reproductive and nervous systems. It interferes with the development of the nervous system and is therefore particularly toxic to children, causing potentially permanent learning and behavior disorders. Symptoms include abdominal pain, headache, anemia, irritability, and in severe cases seizures, coma, and death.

1.31 “Manufactured” defined. Manufactured means to manufacture, produce, or assemble.

1.32 “Manufacturer” defined. A manufacturer is any person who manufactures or imports a consumer product.

1.33 “Nuisance” defined. A nuisance is anything, which is injurious to health, or offensive to the senses, so as to interfere with the comfort or endanger the health or safety of the public.

1.34 “Operator” defined. The operator is the person who holds the license of a Health-Permitted or other business or is responsible for the management of such a location at the direction of the owner.

1.35 “Paint and other similar surface-coating materials” defined. Paint and other similar surface-coating materials means any fluid, semi-fluid, or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film when a thin layer. This definition does not include the glaze applied to ceramic tiles.

1.36 “Person” defined. “Person” includes individuals, firms, partnerships, associations, public or private institutions, municipalities, political subdivisions of the state of Nevada, governmental agencies, or public or private corporations.

1.37 “Private labeler” defined. A private labeler is an owner of a brand or trademark on the label of a consumer product which bears a private label. A consumer product bears a private label if the product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of the product, the person with whose brand or trademark the product (or container) is labeled has authorized or caused the product to be so labeled, and the brand or trademark of a manufacturer of such product does not appear on such label.

1.38 “Recall” defined. A recall is a firm’s removal or correction of marketed products, including its labeling and/or promotional materials, that SNHD considers to be in violation of these Regulations. SNHD can initiate legal action for example, seizure or other administrative or civil actions available to the Health Authority if the product was not recalled. Recall does not include market withdrawal or a stock recovery.

1.39 “Responsible person” defined. The responsible person is the individual designated by the operator as being responsible for compliance with these Regulations.

1.40 “Retailer” defined. A retailer is a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer. For the purposes of these Regulations, the definition of retailer includes small businesses, resellers, crafters, and charities.

1.41 “Risk of injury” defined. Risk of injury means a risk of death, personal injury, or serious or frequent illness.

1.42 “Third-party logistics provider” defined. A third-party logistics provider is a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.

1.43 “Toys and other articles intended for use by children” defined. Toys and other articles intended for use by children are those toys and other articles which are intended to be entrusted to or for use by children. This would not include all articles to which children might have access simply because they are present in a household.

Contact Information

Phone: (702) 759-1258

 

Updated on: October 11, 2018

2018-10-11T15:28:55-07:00