Cal. Civ. Code § 460.300
Exemptions Available for Certain Applications and Products
Operative Text
(A) The following lead-based paints shall be exempted by the Director from the provisions of M.G.L.
c. 111, § 196(b) [105 CMR 460.200(C)], upon compliance with the terms and conditions set forth
in M.G.L. c. 111, § 196(b):
(1) lead-based paints for application to artists’ canvases;
(2) touch-up paints for metal machinery, appliances, vehicles, or water craft, when sold in
containers small enough to preclude any reasonable risk of use in buildings or on furniture;
(3) lead primers for applications to small craft hulls, when sold at retail only through boat yards,
marinas, ship chandleries and businesses dealing in marine sales;
(4) finish paints intended for factory application upon manufactured products not intended for use
in homes or in other structures, such as schools or day care centers, where children commonly
spend periods of over ½ hour;
(5) lead primers for structural metals not exposed to occupant contact, vehicles, and watercraft;
(6) refinishing paints for automotive, agricultural, and industrial equipment;
(7) paints for industrial and commercial building maintenance, including traffic and safety marking
paints;
(8) graphic art paints marketed for application to billboards, road signs, and other similar uses.
(B) Lead-based glazes, enamels and frits are exempted by the Director from the provisions of M.G.L.
c. 111, § 196(b) provided the following conditions are met:
(1) Lead-based glazes, enamels, and/or frits shall not be sold to individuals younger than 18 years
old.
(2) Lead-based glazes, enamels, and/or frits shall not be sold for use in settings where children
younger than 18 years old, or mentally handicapped or impaired individuals may use them or be
exposed to their use. Such settings include, but are not limited to, schools, nursing homes, camps,
recreational centers, churches, etc.
(3) Lead-based glazes, enamels, and/or frits shall not be sold to institutions or organizations
working with or serving the mentally handicapped.
(4) Labeling of lead-based glazes, enamels, and frits shall meet the specifications of the Director.
(5) Manufacturers and distributors shall develop and distribute educational materials for the safe
use of lead-based glazes, enamels, and frits as specified by the Director.Section 105 Mass. Code Regs. 460.300 carves out specific categories of lead-based paint products from the general restrictions imposed by Massachusetts law, provided that sellers and manufacturers meet defined conditions. Certain specialty paints—such as those for artists' canvases, marine craft, industrial equipment, and graphic art—are exempt when sold in appropriate contexts or container sizes. Lead-based glazes, enamels, and frits receive a separate conditional exemption, requiring age restrictions on sales, prohibitions on use in settings frequented by children or vulnerable individuals, compliant labeling, and distribution of safety education materials.
Plain English — not legal advice.
Property owners and managers should be aware that 105 Mass. Code Regs. 460.300 does not create a broad exemption for residential use of lead-based paint—the listed exemptions apply to narrowly defined industrial, commercial, artistic, and marine applications. Compliant operators generally ensure that any paint products used in or around residential buildings, especially those where children may be present, are not among the exempted specialty categories being misapplied to a residential context. Familiarity with this provision helps property managers avoid inadvertently sourcing or using products that fall outside the exemption's intended scope.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants, particularly those with children, can look to 105 Mass. Code Regs. 460.300 to understand that the exemptions it grants are tightly limited to non-residential, specialty applications and do not permit the use of lead-based paint in homes, schools, or day care settings. If a tenant suspects that lead-containing products have been improperly used in a residential setting, general enforcement paths include filing a complaint with the local board of health or contacting a tenant-rights organization for guidance on next steps. Understanding the boundaries of this exemption can help tenants recognize when a product's use in their home may fall outside what the regulation permits.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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