15 U.S.C. § 1277 : US Code - Section 1277: Labeling of art materials

Search 15 U.S.C. § 1277 : US Code - Section 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.