§ 1277. — Labeling of art materials.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1277]
TITLE 15--COMMERCE AND TRADE
CHAPTER 30--HAZARDOUS SUBSTANCES
Sec. 1277. Labeling of art materials
(a) Regulation status of standard D-4236 of American Society for Testing
and Materials
On and after the last day of the 2-year period beginning on November
18, 1988, the requirements for the labeling of art materials set forth
in the version of the standard of the American Society for Testing and
Materials designated D-4236 that is in effect on November 18, 1988, and
as modified by subsection (b) of this section shall be deemed to be a
regulation issued by the Commission under section 1262(b) of this title.
(b) Requirements applicable to standard D-4236
The following shall apply with respect to the standard of the
American Society for Testing and Materials referred to in subsection (a)
of this section:
(1) The term ``art material or art material product'' shall mean
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. The term does not include
economic poisons subject to the Federal Insecticide, Fungicide, and
Rodenticide Act [7 U.S.C. 136 et seq.] or drugs, devices, or
cosmetics subject to the Federal Food, Drug, and Cosmetics Act [21
U.S.C. 301 et seq.].
(2) The standard referred to in subsection (a) of this section
as modified by this subsection applies to art materials intended for
users of any age.
(3) Each producer or repackager of art materials shall describe
in writing the criteria used to determine whether an art material
has the potential for producing chronic adverse health effects. Each
producer or repackager shall be responsible for submitting to the
Commission these criteria and a list of art materials that require
hazard warning labels under this section.
(4) Upon the request of the Commission, a producer or repackager
of art materials shall submit to the Commission product formulations
and the criteria used to determine whether the art material or its
ingredients have the potential for producing chronic adverse health
effects.
(5) All art materials that require chronic hazard labeling
pursuant to this section must include on the label the name and
address of the producer or repackager of the art materials and an
appropriate telephone number and a statement signifying that such
art materials are inappropriate for use by children.
(6) If an art material producer or repackager becomes newly
aware of any significant information regarding the hazards of an art
material or ways to protect against the hazard, this new information
must be incorporated into the labels of such art materials that are
manufactured after 12 months from the date of discovery. If a
producer or repackager reformulates an art material, the new
formulation must be evaluated and labeled in accordance with the
standard referred to in subsection (a) of this section as modified
by this subsection.
(7) If the Commission determines that an art material in a
container equal to or smaller than one fluid ounce (30 ml) (if the
product is sold by volume) or one ounce net weight (28 g) (if the
product is sold by weight) has the potential for producing chronic
adverse health effects with customary or reasonably foreseeable use
despite its small size, the Commission may require the art material
to carry a label which conveys all the information required under
the standard referred to in subsection (a) of this section as
modified by this subsection for art materials in a container greater
than one fluid ounce or one ounce net weight. If the information
cannot fit on the package label, the Commission shall require the
art material to have a package insert which conveys all this
information. If the art material has a package insert, the label on
the product shall include a signal word in conformance with
paragraph 5 of the standard referred to in subsection (a) of this
section, a list of potentially harmful or sensitizing components,
and the statement ``see package insert before use''. For purposes of
this subsection, the term ``package insert'' means a display of
written, printed, or graphic matter upon a leaflet or suitable
material accompanying the art material. This requirement is in
addition to, and is not meant to supersede, the requirement of
paragraph 5.8 of the standard designated D-4236.
(8) In determining whether an art material has the potential for
producing chronic adverse health effects, including carcinogenicity
and potential carcinogenicity, a toxicologist shall take into
account opinions of various regulatory agencies and scientific
bodies.
(c) Revisions incorporated into standard D-4236; notice and hearing;
amendment; opportunity for comment; transcript of proceedings
If the Commission determines that a revision proposed by the
American Society for Testing and Materials is in the public interest, it
shall incorporate the revision into the standard referred to in
subsection (a) of this section as modified by subsection (b) of this
section after providing notice and an opportunity for comment. If at any
time the Commission finds that the standard referred to in subsection
(a) of this section as modified by subsection (b) of this section is
inadequate for the protection of the public interest, it shall
promulgate an amendment to the standard which will adequately protect
the public interest. Such final standard shall be promulgated pursuant
to section 553 of title 5, except that the Commission shall give
interested persons an opportunity for the oral presentation of data,
views, or arguments, in addition to an opportunity to make written
submissions. A transcript shall be kept of any oral presentation.
(d) Guidelines for determining chronically hazardous art materials;
issuance; public hearing; scope of criteria; review; amendment
(1) Within 1 year of November 18, 1988, the Commission shall issue
guidelines which specify criteria for determining when any customary or
reasonably foreseeable use of an art material can result in a chronic
hazard. In developing such guidelines the Commission shall conduct a
public hearing and provide reasonable opportunity for the submission of
comments.
(2) The guidelines established under paragraph (1) shall include--
(A) criteria for determining when art materials may produce
chronic adverse health effects in children and criteria for
determining when art materials may produce such health effects in
adults,
(B) criteria for determining which substances contained in art
materials have the potential for producing chronic adverse health
effects and what those effects are,
(C) criteria for determining the bioavailability of chronically
hazardous substances contained in art materials when the products
are used in a customary or reasonably foreseeable manner, and
(D) criteria for determining acceptable daily intake levels for
chronically hazardous substances contained in art materials.
Where appropriate, criteria used for assessing risks to children may be
the same as those used for adults.
(3) The Commission shall periodically review the guidelines
established under paragraph (1) to determine whether the guidelines
reflect relevant changes in scientific knowledge and in the formulations
of art materials, and shall amend the guidelines to reflect such
changes.
(e) Informational and educational materials; development and
distribution
The Commission shall develop informational and educational materials
about art materials and shall distribute the informational and
educational materials to interested persons.
(f) Injunctions
The Commission may bring an action under section 1267 of this title
to enjoin the purchase of any art material required to be labeled under
this chapter which is for use by children in pre-kindergarten,
kindergarten, or grades 1 through 6.
(Pub. L. 86-613, Sec. 23, as added Pub. L. 100-695, Nov. 18, 1988, 102
Stat. 4568.)
References in Text
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (b)(1), is act June 25, 1947, ch. 125, as amended generally
by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is classified
generally to subchapter II (Sec. 136 et seq.) of chapter 6 of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 136 of Title 7 and Tables.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21,
Food and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
Codification
Pub. L. 100-695 enacted section 23 of Pub. L. 86-613, classified to
this section, without a prior enactment of a section 22 of Pub. L. 86-
613.
