[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR109.16]
[Page 217-218]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES (CONTINUED)
PART 109 UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-
Subpart A General Provisions
Sec. 109.16 Ornamental and decorative ceramicware.
(a) Lead is a toxic metal that is used as a component of glazes and
decorative decals on ceramics, including some ornamental and decorative
ceramicware. The use of ornamental or decorative ceramicware to prepare,
serve, or hold food may result in the leaching of lead from the glaze or
decoration into the food. The provisions of paragraph (b) of this
section are necessary to ensure that ornamental or decorative
ceramicware bear adequate indications that they are not to be used for
food-handling purposes.
(b) Ornamental or decorative ceramicware initially introduced or
initially delivered for introduction into interstate commerce on or
after July 13, 1994 appears to be suitable for food use will be
considered to be for food use unless:
(1) It bears:
(i) A conspicuous stick-on label on a surface clearly visible to
consumers that states in legible script in letters at least 3.2
millimeters (0.125 inch) in height one of the following messages: ``Not
for Food Use. May Poison Food,'' ``Not for Food Use. Glaze contains
lead. Food Use May Result in Lead Poisoning,'' and ``Not for Food Use--
Food Consumed from this Vessel May be Harmful,'' and
(ii) A conspicuous and legible permanent statement of the message
selected from paragraph (b)(1)(i) of this section molded or fired onto
the exterior surface of the base or, when the ceramicware is not fired
after decoration, permanently painted onto the exterior surface of the
base. This permanent statement shall be in letters at least 3.2
millimeters (0.125 inch) in height, except that if insufficient space
exists for the permanent statement in letters of such height, the
statement shall be in the largest letters that will allow it to fit on
the base of the piece, provided that the letters are at least 1.6
millimeters (0.062 inch) in height; or
(2) A hole is bored through the potential food-contact surface.
(c) In addition to steps required under paragraphs (b)(1) and (b)(2)
of this section, the following optional information may be provided on
the ware:
(1) A further explanatory statement concerning the decorative nature
of the piece, such as ``Decorative'' or ``For Decorative Purposes
Only,'' may be used; however, such additional statement shall be placed
after the required statement.
(2) A symbol may be used to advise that a piece of ornamental or
decorative ceramicware is not to be used with food, as illustrated
below.
[[Page 218]]
[GRAPHIC] [TIFF OMITTED] TR01JA93.368
The circle of the above symbol should be at least 2.54 centimeters (1
inch) in diameter. The symbol may be used on the temporary label or
applied to the base of the piece in the same manner as the permanent
statement.
[59 FR 1641, Jan. 12, 1994]
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