§ 34-412. Signage required when.  


Latest version.
  • (a)

    If the director has cause to believe that products contain lead in excess of the limits allowed by law, he or she may notify the person selling or offering for sale or distribution the products in question that such cause exists and that a sample of the product is being sent to a qualified independent laboratory for definitive testing.

    (b)

    Upon such notification, no person shall sell, or offer for sale at wholesale or retail any item that the director has probable cause to believe may contain lead in excess of the limits contained herein unless a sign is affixed adjacent to the products or on the shelves containing the products that reads as follows: "WARNING: THESE PRODUCTS MAY CONTAIN LEAD AND ARE CURRENTLY BEING TESTED BY THE DIRECTOR OF HEALTH."

    (c)

    Signage shall be placed in a manner that clearly and conspicuously demonstrates to which products the signage applies.

    (d)

    Such signage may only be removed when either:

    (1)

    The director has notified the owner or manager of the establishment that lab results failed to confirm the existence of lead in excess of levels allowed by law; or

    (2)

    The owner removes all products of the same type and from the same manufacturer from the shelves or other distribution channels.

(Ord. No. 120725, § 1, 9-6-12)