Section 410IAC29-5-3. Consumer products disallowed

   (a) A person shall not sell, or offer for sale at wholesale or retail, or distribute in any manner, a consumer product, a surface coating material, a food product, or food packaging that:

(1) is a banned hazardous substance under the federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)); or

(2) has been determined by the department to:

(A) have a lead content that is greater than the lesser of the lead content specifications for lead paint in 16 CFR 1303.2 or state law; and

(B) pose a danger of childhood lead poisoning because the product, material, or packaging is reasonably expected to be accessible to, chewed by, or ingested by a child who is less than seven (7) years of age.

  (b) The department or local health department may at any time during regular business hours inspect any premises where consumer products are sold, offered for sale, or distributed to establish compliance.

  (c) If the department has reason to believe that a person has violated this section, in addition to all other remedies, the department may take any of the following actions:

(1) Verbally instruct the retail establishment to immediately stop offering the applicable items for sale or distribution.

(2) Issue a cease and desist order.

(3) Bring an action to enjoin the person from violating this section.

(4) Seize the applicable items.

(5) Take any other action as allowed by law.

  (d) If the department seizes items under subsection (c), the items seized shall be:

(1) held for a period of not less than thirty (30) days;

(2) stored at the owner's expense; and

(3) destroyed as of the date stated in the notice.

(Indiana State Department of Health; 410 IAC 29-5-3; filed Apr 20, 2009, 3:12 p.m.: 20090520-IR-410080318FRA; readopted filed Sep 30, 2015, 2:45 p.m.: 20151028-IR-410150169RFA)

*