12 2 STA T .30 21 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8(4)ALTERNA T IV E M ET HODS O F MEAS U RIN G LEAD IN P AINT GENERALL Y.— (A) S TUDY.— Notla t er t h a n1y ear a f ter the d ate of ena c t m ent of th is Act , the C ommission shall com p lete a st u dytoe v aluate the effectiveness, precision, and relia b ility of x- ray fluorescence technolo g y and other alternative methods for measuring lead in paint or other surface coatings w hen used on a children ’ s product or furniture article in order to determine compliance with part 1 30 3 of title 1 6 , Code of F ederal R egulations, as modified pursu- ant to this subsection. ( B ) RULEMA K ING.— I f the Commission determines, based on the study in subparagraph (A), that x-ray fluores- cence technology or other alternative methods for meas- uring lead in paint are as effective, precise, and reliable as the methodology used by the Commission for compliance determinations prior to the date of enactment of this Act, the Commission may promulgate regulations governing the use of such methods in determining the compliance of products with part 1303 of title 16, Code of Federal Regula- tions, as modified pursuant to this subsection. Any regula- tions promulgated by the Commission shall ensure that such alternative methods are no less effective, precise, and reliable than the methodology used by the Commission prior to the date of enactment of this Act. ( 5 ) P ERIODI C REVIE W .— T he Commission shall, no less fre- q uently than every 5 years after the Commission completes the study required by paragraph (4)(A), review and revise any methods for measurement utili z ed by the Commission pursuant to paragraph (3) or pursuant to any regulations promulgated under paragraph (4) to ensure that such methods are the most effective methods available to protect children’s health. The Commission shall conduct an ongoing effort to study and encourage the further development of alternative methods for measuring lead in paint and other surface coating that can effectively, precisely, and reliably detect lead levels at or below the level set forth in part 1303 of title 16, Code of Federal Regulations, or any lower level established by regulation. (6) NO EFFECT ON LEGAL LIMIT.—Nothing in paragraph (3), nor reliance by the Commission on any alternative method of measurement pursuant to such paragraph, nor any rule prescribed pursuant to paragraph (4), nor any method estab- lished pursuant to paragraph (5) shall be construed to alter the limit set forth in section 1303 of title 16, Code of Federal Regulations, as modified pursuant to this subsection, or provide any exemption from such limit. ( 7 ) CONSTRUCTION.—Nothing in this subsection shall be construed to affect the authority of the Commission or any other person to use alternative methods for detecting lead as a screening method to determine whether further testing or action is needed. (g) TREATMENT AS A REGULATION U NDER THE F H SA.—Any ban imposed by subsection (a) or rule promulgated under subsection (a) or (b) of this section, and section 1303.1 of title 16, Code of Federal Regulations (as modified pursuant to subsection (f)(1) or( 2 )), or any successor regulation, shall be considered a regulation of the Commission promulgated under or for the enforcement of Deadlin e . Deadline.
�
