UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
GUIDANCE FROM HOTLINE COMPENDIUM
WSGH16
SUBJECT: Effect of the Lead Ban on Sale of Plumbing Fixtures
Containing Lead Solder
SOURCE: Peter Lassovszky
Section 1417(a) of the SDWA established a ban on the use of lead pipes containing more than
eight (8) lead and solder and fluxes containing more than 0.2 percent lead. A faucet
manufacturer markets a certain product across the country. The product is a do-it-yourself unit
which has plastic connections, hence no need for soldering. However, a consumer safety
pamphlet, included with the faucets, informs the buyer that small amounts of lead solder are used
to connect and seal joints inside the unit, thus lead exposure is a possibility. If the faucet was
manufactured prior to the effective date of the lead ban, can it still be sold to consumers at
present? And if the faucet was made after June 19, 1986, was it illegal for the manufacturer to
use lead solder and, again, can the product be marketed?
Response:
Section 1417 of the Safe Drinking Water Act (SDWA) prohibits the installation of any
pipe, solder and flux in the installation or repair of any public water system, or any
plumbing in a residential or non-residential facility connected to a public water system.
In addition to the SDWA, Congress amended Section 4 of the Federal Hazardous
Substances Act (FHSA) to prohibit the introduction of any lead solder into interstate
commerce which has a lead content in excess of 0.2 percent unless, the solder
prominently displays a warning label stating the content of the lead solder, and a warning
regarding the prohibited use of such solder in the joints or fittings of any private or public
potable water system. 15 U.S.C. § 1263(k)
If faucets which contain lead solders used to connect and seal joints inside the unit are
introduced into interstate commerce, they have to display a warning label to comply with
the FHSA, regardless of the date of their manufacture. The consumer safety pamphlet
included with the faucets should include identical language contained on the warning
label. In its present form, the safety pamphlet could be easily misinterpreted by the
consumer, who may not be aware that it is not legal to install such a faucet into his
household plumbing system.
The faucets that were delivered to the distributor and retailer before the effective date
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
GUIDANCE FROM HOTLINE COMPENDIUM
WSGH16
of
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to
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
GUIDANCE FROM HOTLINE COMPENDIUM
WSGH16
fau
cets
ma
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and
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the
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A,
inst
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of
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into
any
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mbi
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
GUIDANCE FROM HOTLINE COMPENDIUM
WSGH16
ng
con
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ed
to a
pub
lie
wat
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syst
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be
ille
gal.
In summary, it is not federally illegal for the manufacturer to use lead solder in the
faucets. The product can also be legally marketed, provided that the labeling provisions
prescribed in the FHSA are met. However, some States may have introduced more
stringent requirements prohibiting the sale and marketing of these faucets. Consumers
should not install these faucets into their drinking water supply, unless the manufacturer
certifies that the solder used to connect and seal joints inside the unit is lead free.
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