§1277 Labeling of art materials

Summary

Labels on art supplies must follow the American Society for Testing and Materials standard D‑4236 that was in effect on November 18, 1988, with the changes below, starting on the last day of the two‑year period that began on November 18, 1988. An "art material" means something sold or repackaged as for making visual or graphic art (it does not include pesticides or items covered by food, drug, or cosmetic laws). The rule covers products for users of any age. Makers and repackagers must write down how they decide a product might cause long‑term health problems and give those rules and a list of products that need hazard labels to the Commission. The Commission can ask for product formulas and the criteria used to judge long‑term hazards. Labels for products that need chronic‑hazard warnings must show the maker’s name, address, and a phone number, and must say the product is not suitable for children. If a maker learns new safety information, they must update labels on items made more than 12 months after discovery. Reformulated products must be rechecked and labeled under the same standard. The Commission can require full labeling or a package insert for very small containers (one fluid ounce/30 ml or less, or one ounce net weight/28 g or less) and, if an insert is used, the label must have a signal word, a list of harmful ingredients, and the phrase “see package insert before use.” When judging long‑term risks, including cancer risk, a toxicologist must take into account views from other agencies and scientific groups. If the Commission finds a proposed ASTM change is in the public interest, it will add that change after notice and comment. If the standard is not protective enough, the Commission will change it with public hearings and a record of oral presentations. Within 1 year of November 18, 1988, the Commission must issue guidelines to decide when normal or foreseeable use can cause long‑term hazards. Those guidelines must cover criteria for children and adults, which substances can cause long‑term harm and what those harms are, how available those substances are when used normally, and acceptable daily intake levels. The Commission must review and update the guidelines over time, make and share educational materials about art supplies, and may sue to stop the sale of labeled art materials intended for children in pre‑kindergarten, kindergarten, or grades 1 through 6.