On November 18, 1988, the
President signed into law the Labeling of
Hazardous Art Materials Act (Public Law
100-695).This law requires that all art
materials be reviewed to determine the
potential for causing a chronic hazard and
that appropriate warning labels be put on
those art materials found to pose a
chronic hazard. The term "art
material" includes "any
substance marketed or represented by the
producer or repackager as suitable for use
in any phase of the creation of any work
of visual or graphic art of any
medium." (15 U.S.C. 1277(b)(1). The
law applies to many children's toy
products such as crayons, chalk, paint
sets, modeling clay, coloring books,
pencils, and any other products used by
children to produce a work of visual or
graphic art.
The "Labeling of Hazardous Art
Materials Act" (LHAMA) amended the
Federal Hazardous Substances Act (FHSA) by
adding Section 23 and designating the ASTM
Standard Practice for Labeling Art
Materials for Chronic Health Hazards (ASTM
D-4236-88) as a regulation under Section
3(b) of the FHSA.The requirements of the
LHAMA became effective on November
18,1990.These requirements apply to art
materials that are intended for use in the
household or by children, which are
initially introduced into interstate
commerce on and after November 18, 1990.
The Commission believes that under the
broad statutory definition of "art
material" three general categories
can be seen:
- 1. Those products which actually
become a component of the work of
visual or graphic art, such as paint,
canvas, inks, crayons, chalk, solder,
brazing rods, flux, paper, clay,
stone, thread, cloth, and photographic
film.
- 2. Those products which are closely
and intimately associated with the
creation of the final work of art,
such as brush cleaners, solvents,
ceramic kilns, brushes, silk screens,
molds or mold making material, and
photo developing chemicals.
- 3. Those tools, implements, and
furniture that are used in the process
of the creation of a work of art, but
do not become part of the
| work of art. Examples are
drafting tables and chairs, easels,
picture frames, canvas stretchers,
potter's wheels, hammers, chisels, and air
pumps for air brushes.
The CPSC does not believe that Congress
intended products in the third category to
be considered "art materials."
Therefore, as an enforcement policy, the
CPSC is not requiring that products
falling in this third category comply with
the standard for art materials. However,
manufacturers still have the
responsibility under the FHSA to assure
that these products comply with any FHSA
labeling or other requirements due to
chronic toxicity or other hazards.
Parents and others buying art
materials, school supplies and toys such
as crayons, paint sets, or modeling clay
should be alert and purchase only those
products which are accompanied by the
statement "Conforms to ASTM
D-4236."
The LHAMA does not change the fact that
products which are hazardous are banned
for distribution to young children,
whether the hazard is based on chronic
toxicity, acute toxicity, flammability, or
other hazard identified by the FHSA. There
is an exception for art materials if they
meet all three of the exemption criteria
of Section 2(q) of the FHSA in that they:
(1) require the inclusion of the hazardous
substances for their functional purpose,
(2) bear labeling giving adequate
directions and warnings for safe use, and
(3) are intended for use by children who
have attained sufficient maturity, and may
reasonably be expected, to read and heed
such directions and warnings.
For more information on the requirements
for art materials, contact the U.S.
Consumer Product Safety Commission,
Recalls and Compliance Division, Office of
Compliance, Washington, DC 20207,
telephone: 301-504-7913.
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