Cal. Civ. Code § 196

Prohibited acts relating to lead-based paint, glaze or other substance; punishment; embargo of personal property

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsLead-Based Paint

Operative Text

Cal. Civ. Code § 196
Section 196. (a) No person shall apply or cause to be applied any lead-based paint, glaze or other substance to any toy, furniture, cooking, drinking, or eating utensil, or interior or exterior surface or fixture of any dwelling; and no person shall sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away any toy, furniture, cooking, drinking or eating utensil to which any lead-based paint, glaze or other substance has been applied.

Any paint, glaze or other substance shall be deemed to be lead-based when it contains more than six one-hundredths of one per centum lead by weight, and for such substances manufactured prior to June twenty-third, nineteen hundred and seventy-seven one-half of one per centum lead by weight (calculated as lead metal) in the total non-volatile content of liquid paints or in the dried film of paint or glaze already applied, or when it contains a substantially equivalent amount of lead measured by such alternative reliable method of measurement as the director shall by regulation establish.

Any person who violates the provision of this subsection shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each violation. Each article, surface or fixture to which a lead-based substance is applied shall constitute a separate violation. Any person who willfully violates the provisions of this subsection shall be punished by imprisonment for not more than three months for each violation.

Any article of personal property in violation of this subsection may be embargoed by the director in the manner provided in section one hundred eighty-nine A of chapter ninety-four.

(b) No person shall sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away any lead-based paint, glaze or other surface covering including raw lead or the raw lead compounds utilized in the home manufacturing of glazes, as defined in subsection (a); provided, however, that the director may by regulation with the concurrence of a majority of the advisory committee exempt from the provisions of this subsection certain lead-based paints that are not intended or suitable for use on or within residential premises, and are not advertised or labeled as intended or suitable for such uses, and are not sold to the general public on a retail basis, when he finds with substantial certainty that the sale or use of said paints will not result in the exposure of children younger than six years of age to said paints and will not result in an additional danger to life or health for such children or for the general public. The director may by regulation with the concurrence of a majority of the advisory committee exempt from the provisions of this subsection certain lead-based ceramic glazes or the raw lead and raw lead compounds utilized in the home manufacturing of glazes on such terms as he finds will not result in an additional danger to life or health.

Whoever violates the provisions of this subsection shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars for each violation. Each can, bottle or other container of any prohibited substance shall constitute a separate violation. Whoever willfully violates the provisions of this subsection shall be punished by imprisonment for not more than six months for each violation. Any article or substance in violation of this subsection may be embargoed by the director in the manner provided in section one hundred eighty-nine A of chapter ninety-four.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 111 § 196 establishes a broad prohibition on applying lead-based paint, glaze, or similar substances to dwellings, toys, furniture, and food-related items, and also bars the sale, distribution, or possession-with-intent-to-distribute such items or substances. A material qualifies as 'lead-based' under the statute when it exceeds defined lead-content thresholds, with different cutoffs depending on whether the product was manufactured before or after June 23, 1977. Violations carry civil fines assessed per article, surface, or container, and willful violations can result in short-term imprisonment; the state director also has authority to physically embargo non-compliant personal property.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Under Mass. Gen. Laws c. 111 § 196, compliant property owners and managers refrain from applying or contracting out the application of any lead-based paint or glaze to any interior or exterior surface or fixture of a dwelling. Operators generally verify that any paint, coating, or glaze used in renovation or maintenance work falls below the lead-content thresholds defined in the statute, and they avoid sourcing materials from suppliers who may be distributing prohibited substances. Because each surface or fixture treated with a non-compliant substance constitutes a separate violation subject to individual fines, maintaining documentation of product specifications and contractor compliance practices is a common part of responsible property management under this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 111 § 196 gives tenants a legal backdrop to raise concerns if lead-based paint or glaze has been applied to surfaces, fixtures, or household items in their dwelling in violation of the statute's prohibitions. Tenants who believe a violation has occurred may report the matter to the Massachusetts Department of Public Health, which holds enforcement authority under this provision, including the power to embargo non-compliant property. Tenant-rights organizations and local legal aid offices can help residents understand how § 196 intersects with other Massachusetts lead-paint protections and what documentation may be useful when raising a concern with a housing authority or rent board.

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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 189A
Definitions applicable to Secs. 189A to 199B
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee
§ 192
Lead poisoning educational and publicity program

Source Information

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