108500. For the purposes of this article, an art or craft material
shall be presumed to contain an ingredient that is a toxic substance
causing chronic illness if the ingredient, whether an intentional
ingredient or an impurity, is 1 percent or more by weight of the
mixture or product, or if the department determines that the toxic or
carcinogenic properties of the art or craft material are such that
labeling is necessary for the adequate protection of the public
health and safety.
108505. The Legislature finds and declares that there exists a
significant danger to the public health and safety from exposure to
art or craft material that contains toxic chemicals. This health risk
threatens not only professional artists and craftspersons, but art
teachers, students at every educational level, hobbyists, and
children. Toxic substances may be employed during the course and
scope of creating art or craft objects of all varieties.
The Legislature additionally finds and declares that present
labeling of ingredients and hazards of art or craft material is
insufficient to adequately protect the consumers of this state from
chronic adverse health effects. Because many persons do not know what
toxic chemical substances they work with, proper precautionary
actions cannot be taken. Disclosure of toxic ingredients, their
possible adverse effects on health, and instructions for safe
handling, will substantially minimize unnecessary exposure to
excessive risk.
Additionally, the Legislature finds and declares that it is
consistent to impose upon those who manufacture, repackage,
distribute, and sell art or craft material a duty to convey to
consumers information about the potential health hazards of the
products they manufacture.
Therefore, the Legislature intends by this article to ensure that
consumers be provided information concerning the nature of the toxic
substances with which they are working and the known and suspected
health hazards of these substances, and to ensure the uniformity of
labeling standards, so that materials with similar hazards also have
essentially similar labels.
108510. No person shall distribute, sell, offer for sale, or expose
for sale any art or craft material containing toxic substances
causing chronic illness on which the person:
(a) Has failed to affix a conspicuous label containing the signal
word "WARNING," to alert users of potential adverse health effects.
(b) Has failed to affix a conspicuous label warning of the
health-related dangers of the art or craft material.
(1) If the product contains a human carcinogen, the warning shall
contain the statement: "CANCER HAZARD! Overexposure may create cancer
risk."
(2) If the product contains a potential human carcinogen, and does
not contain a human carcinogen, the warning shall contain the
statement: "POSSIBLE CANCER HAZARD! Overexposure might create cancer
risk."
(3) If the product contains a toxic substance causing chronic
illness, the warning shall contain, but not be limited to, the
following statement or statements where applicable:
(A) May cause sterility or damage to reproductive organs.
(B) May cause birth defects or harm to developing fetus.
(C) May be excreted in human milk causing harm to nursing infant.
(D) May cause central nervous system depression or injury.
(E) May cause numbness or weakness in the extremities.
(F) Overexposure may cause damage to (specify organ).
(G) Heating above (specify degrees) may cause hazardous
decomposition products.
(4) If a product contains more than one chronically toxic
substance, or if a single substance can cause more than one chronic
health effect, the required statements may be combined into one
warning statement.
(c) Has failed to affix on the label a list of ingredients that
are toxic substances causing chronic illness.
(d) Has failed to affix on the label a statement or statements of
safe use and storage instructions, conforming to the following list.
The label shall contain, but not be limited to, as many of the
following risk statements as are applicable:
(1) Keep out of reach of children.
(2) When using, do not eat, drink, or smoke.
(3) Wash hands after use and before eating, drinking, or smoking.
(4) Keep container tightly closed.
(5) Store in well ventilated area.
(6) Avoid contact with skin.
(7) Wear protective clothing (specify type).
(8) Wear NIOSH certified masks for dusts, mists, or fumes.
(9) Wear NIOSH certified respirator with appropriate cartridge for
(specify type).
(10) Wear NIOSH certified supplied-air respirator.
(11) Use window exhaust fan to remove vapors and assure adequate
ventilation (specify explosion proof if necessary).
(12) Use local exhaust hood (specify type).
(13) Do not heat above (specify degrees) without adequate
ventilation.
(14) Do not use or mix with (specify material).
(e) Has failed to affix on the label a statement on where to
obtain more information, such as "call your local poison control
center for more health information."
(f) Has failed to affix on the label the name and address of the
manufacturer.
(g) If all of the above information cannot fit on the package
label, a package insert shall be required to convey all the necessary
information to the consumer. In this event, the label shall contain
a statement to refer to the package insert, such as "CAUTION: see
package insert before use." For purposes of this section, "package
insert" means a display of written, printed, or graphic matter upon a
leaflet or suitable material accompanying the art supply. The
language on this insert shall be nontechnical and nonpromotional in
tone and content.
Art or craft material offered for sale in containers that contain
less than one fluid ounce (30 milliliters) or one ounce net (29
grams) shall be deemed to comply with this section if there is
affixed on the container a precautionary label that includes the
words "USE WITH CAUTION: Contains Hazardous Substances."
The requirements set forth in subdivisions (a) to (g), inclusive,
shall not be considered to be complied with unless the required
words, statements, or other information appear on the outside
container or wrapper, or on a package insert that is easily legible
through the outside container or wrapper and is painted in a color in
contrast with the product or the package containing the product.
(h) Pursuant to Section 108355, the department may exempt a
material from full compliance with this article. In considering this
exemption, the department shall take into consideration the potential
for reasonably foreseeable misuse of a material by a child.
(i) If an art or craft material complies with labeling standards
D-4236 of the American Society for Testing and Materials (ASTM), the
material complies with the provisions of this article, unless the
department determines that the label on an art or craft material does
not satisfy the purposes of this article.
108515. (a) The manufacturer of any art or craft material sold,
distributed, offered for sale, or exposed for sale in this state
shall supply to a national poison control network approved by the
director the formulation information required by that network for
dissemination to poison control centers. Failure to file formulation
information with an approved poison control network is a violation of
this chapter.
(b) The requirements set forth in Section 108510 shall not be
considered to be complied with unless all required words, statements,
or other information accompany art or craft materials from
manufacturer to consumer, not excluding any distributor, packager,
repackager, or retailer.
108500. For the purposes of this article, an art or craft material
shall be presumed to contain an ingredient that is a toxic substance
causing chronic illness if the ingredient, whether an intentional
ingredient or an impurity, is 1 percent or more by weight of the
mixture or product, or if the department determines that the toxic or
carcinogenic properties of the art or craft material are such that
labeling is necessary for the adequate protection of the public
health and safety.
108505. The Legislature finds and declares that there exists a
significant danger to the public health and safety from exposure to
art or craft material that contains toxic chemicals. This health risk
threatens not only professional artists and craftspersons, but art
teachers, students at every educational level, hobbyists, and
children. Toxic substances may be employed during the course and
scope of creating art or craft objects of all varieties.
The Legislature additionally finds and declares that present
labeling of ingredients and hazards of art or craft material is
insufficient to adequately protect the consumers of this state from
chronic adverse health effects. Because many persons do not know what
toxic chemical substances they work with, proper precautionary
actions cannot be taken. Disclosure of toxic ingredients, their
possible adverse effects on health, and instructions for safe
handling, will substantially minimize unnecessary exposure to
excessive risk.
Additionally, the Legislature finds and declares that it is
consistent to impose upon those who manufacture, repackage,
distribute, and sell art or craft material a duty to convey to
consumers information about the potential health hazards of the
products they manufacture.
Therefore, the Legislature intends by this article to ensure that
consumers be provided information concerning the nature of the toxic
substances with which they are working and the known and suspected
health hazards of these substances, and to ensure the uniformity of
labeling standards, so that materials with similar hazards also have
essentially similar labels.
108510. No person shall distribute, sell, offer for sale, or expose
for sale any art or craft material containing toxic substances
causing chronic illness on which the person:
(a) Has failed to affix a conspicuous label containing the signal
word "WARNING," to alert users of potential adverse health effects.
(b) Has failed to affix a conspicuous label warning of the
health-related dangers of the art or craft material.
(1) If the product contains a human carcinogen, the warning shall
contain the statement: "CANCER HAZARD! Overexposure may create cancer
risk."
(2) If the product contains a potential human carcinogen, and does
not contain a human carcinogen, the warning shall contain the
statement: "POSSIBLE CANCER HAZARD! Overexposure might create cancer
risk."
(3) If the product contains a toxic substance causing chronic
illness, the warning shall contain, but not be limited to, the
following statement or statements where applicable:
(A) May cause sterility or damage to reproductive organs.
(B) May cause birth defects or harm to developing fetus.
(C) May be excreted in human milk causing harm to nursing infant.
(D) May cause central nervous system depression or injury.
(E) May cause numbness or weakness in the extremities.
(F) Overexposure may cause damage to (specify organ).
(G) Heating above (specify degrees) may cause hazardous
decomposition products.
(4) If a product contains more than one chronically toxic
substance, or if a single substance can cause more than one chronic
health effect, the required statements may be combined into one
warning statement.
(c) Has failed to affix on the label a list of ingredients that
are toxic substances causing chronic illness.
(d) Has failed to affix on the label a statement or statements of
safe use and storage instructions, conforming to the following list.
The label shall contain, but not be limited to, as many of the
following risk statements as are applicable:
(1) Keep out of reach of children.
(2) When using, do not eat, drink, or smoke.
(3) Wash hands after use and before eating, drinking, or smoking.
(4) Keep container tightly closed.
(5) Store in well ventilated area.
(6) Avoid contact with skin.
(7) Wear protective clothing (specify type).
(8) Wear NIOSH certified masks for dusts, mists, or fumes.
(9) Wear NIOSH certified respirator with appropriate cartridge for
(specify type).
(10) Wear NIOSH certified supplied-air respirator.
(11) Use window exhaust fan to remove vapors and assure adequate
ventilation (specify explosion proof if necessary).
(12) Use local exhaust hood (specify type).
(13) Do not heat above (specify degrees) without adequate
ventilation.
(14) Do not use or mix with (specify material).
(e) Has failed to affix on the label a statement on where to
obtain more information, such as "call your local poison control
center for more health information."
(f) Has failed to affix on the label the name and address of the
manufacturer.
(g) If all of the above information cannot fit on the package
label, a package insert shall be required to convey all the necessary
information to the consumer. In this event, the label shall contain
a statement to refer to the package insert, such as "CAUTION: see
package insert before use." For purposes of this section, "package
insert" means a display of written, printed, or graphic matter upon a
leaflet or suitable material accompanying the art supply. The
language on this insert shall be nontechnical and nonpromotional in
tone and content.
Art or craft material offered for sale in containers that contain
less than one fluid ounce (30 milliliters) or one ounce net (29
grams) shall be deemed to comply with this section if there is
affixed on the container a precautionary label that includes the
words "USE WITH CAUTION: Contains Hazardous Substances."
The requirements set forth in subdivisions (a) to (g), inclusive,
shall not be considered to be complied with unless the required
words, statements, or other information appear on the outside
container or wrapper, or on a package insert that is easily legible
through the outside container or wrapper and is painted in a color in
contrast with the product or the package containing the product.
(h) Pursuant to Section 108355, the department may exempt a
material from full compliance with this article. In considering this
exemption, the department shall take into consideration the potential
for reasonably foreseeable misuse of a material by a child.
(i) If an art or craft material complies with labeling standards
D-4236 of the American Society for Testing and Materials (ASTM), the
material complies with the provisions of this article, unless the
department determines that the label on an art or craft material does
not satisfy the purposes of this article.
108515. (a) The manufacturer of any art or craft material sold,
distributed, offered for sale, or exposed for sale in this state
shall supply to a national poison control network approved by the
director the formulation information required by that network for
dissemination to poison control centers. Failure to file formulation
information with an approved poison control network is a violation of
this chapter.
(b) The requirements set forth in Section 108510 shall not be
considered to be complied with unless all required words, statements,
or other information accompany art or craft materials from
manufacturer to consumer, not excluding any distributor, packager,
repackager, or retailer.
108500. For the purposes of this article, an art or craft material
shall be presumed to contain an ingredient that is a toxic substance
causing chronic illness if the ingredient, whether an intentional
ingredient or an impurity, is 1 percent or more by weight of the
mixture or product, or if the department determines that the toxic or
carcinogenic properties of the art or craft material are such that
labeling is necessary for the adequate protection of the public
health and safety.
108505. The Legislature finds and declares that there exists a
significant danger to the public health and safety from exposure to
art or craft material that contains toxic chemicals. This health risk
threatens not only professional artists and craftspersons, but art
teachers, students at every educational level, hobbyists, and
children. Toxic substances may be employed during the course and
scope of creating art or craft objects of all varieties.
The Legislature additionally finds and declares that present
labeling of ingredients and hazards of art or craft material is
insufficient to adequately protect the consumers of this state from
chronic adverse health effects. Because many persons do not know what
toxic chemical substances they work with, proper precautionary
actions cannot be taken. Disclosure of toxic ingredients, their
possible adverse effects on health, and instructions for safe
handling, will substantially minimize unnecessary exposure to
excessive risk.
Additionally, the Legislature finds and declares that it is
consistent to impose upon those who manufacture, repackage,
distribute, and sell art or craft material a duty to convey to
consumers information about the potential health hazards of the
products they manufacture.
Therefore, the Legislature intends by this article to ensure that
consumers be provided information concerning the nature of the toxic
substances with which they are working and the known and suspected
health hazards of these substances, and to ensure the uniformity of
labeling standards, so that materials with similar hazards also have
essentially similar labels.
108510. No person shall distribute, sell, offer for sale, or expose
for sale any art or craft material containing toxic substances
causing chronic illness on which the person:
(a) Has failed to affix a conspicuous label containing the signal
word "WARNING," to alert users of potential adverse health effects.
(b) Has failed to affix a conspicuous label warning of the
health-related dangers of the art or craft material.
(1) If the product contains a human carcinogen, the warning shall
contain the statement: "CANCER HAZARD! Overexposure may create cancer
risk."
(2) If the product contains a potential human carcinogen, and does
not contain a human carcinogen, the warning shall contain the
statement: "POSSIBLE CANCER HAZARD! Overexposure might create cancer
risk."
(3) If the product contains a toxic substance causing chronic
illness, the warning shall contain, but not be limited to, the
following statement or statements where applicable:
(A) May cause sterility or damage to reproductive organs.
(B) May cause birth defects or harm to developing fetus.
(C) May be excreted in human milk causing harm to nursing infant.
(D) May cause central nervous system depression or injury.
(E) May cause numbness or weakness in the extremities.
(F) Overexposure may cause damage to (specify organ).
(G) Heating above (specify degrees) may cause hazardous
decomposition products.
(4) If a product contains more than one chronically toxic
substance, or if a single substance can cause more than one chronic
health effect, the required statements may be combined into one
warning statement.
(c) Has failed to affix on the label a list of ingredients that
are toxic substances causing chronic illness.
(d) Has failed to affix on the label a statement or statements of
safe use and storage instructions, conforming to the following list.
The label shall contain, but not be limited to, as many of the
following risk statements as are applicable:
(1) Keep out of reach of children.
(2) When using, do not eat, drink, or smoke.
(3) Wash hands after use and before eating, drinking, or smoking.
(4) Keep container tightly closed.
(5) Store in well ventilated area.
(6) Avoid contact with skin.
(7) Wear protective clothing (specify type).
(8) Wear NIOSH certified masks for dusts, mists, or fumes.
(9) Wear NIOSH certified respirator with appropriate cartridge for
(specify type).
(10) Wear NIOSH certified supplied-air respirator.
(11) Use window exhaust fan to remove vapors and assure adequate
ventilation (specify explosion proof if necessary).
(12) Use local exhaust hood (specify type).
(13) Do not heat above (specify degrees) without adequate
ventilation.
(14) Do not use or mix with (specify material).
(e) Has failed to affix on the label a statement on where to
obtain more information, such as "call your local poison control
center for more health information."
(f) Has failed to affix on the label the name and address of the
manufacturer.
(g) If all of the above information cannot fit on the package
label, a package insert shall be required to convey all the necessary
information to the consumer. In this event, the label shall contain
a statement to refer to the package insert, such as "CAUTION: see
package insert before use." For purposes of this section, "package
insert" means a display of written, printed, or graphic matter upon a
leaflet or suitable material accompanying the art supply. The
language on this insert shall be nontechnical and nonpromotional in
tone and content.
Art or craft material offered for sale in containers that contain
less than one fluid ounce (30 milliliters) or one ounce net (29
grams) shall be deemed to comply with this section if there is
affixed on the container a precautionary label that includes the
words "USE WITH CAUTION: Contains Hazardous Substances."
The requirements set forth in subdivisions (a) to (g), inclusive,
shall not be considered to be complied with unless the required
words, statements, or other information appear on the outside
container or wrapper, or on a package insert that is easily legible
through the outside container or wrapper and is painted in a color in
contrast with the product or the package containing the product.
(h) Pursuant to Section 108355, the department may exempt a
material from full compliance with this article. In considering this
exemption, the department shall take into consideration the potential
for reasonably foreseeable misuse of a material by a child.
(i) If an art or craft material complies with labeling standards
D-4236 of the American Society for Testing and Materials (ASTM), the
material complies with the provisions of this article, unless the
department determines that the label on an art or craft material does
not satisfy the purposes of this article.
108515. (a) The manufacturer of any art or craft material sold,
distributed, offered for sale, or exposed for sale in this state
shall supply to a national poison control network approved by the
director the formulation information required by that network for
dissemination to poison control centers. Failure to file formulation
information with an approved poison control network is a violation of
this chapter.
(b) The requirements set forth in Section 108510 shall not be
considered to be complied with unless all required words, statements,
or other information accompany art or craft materials from
manufacturer to consumer, not excluding any distributor, packager,
repackager, or retailer.
