A bill to amend the Federal Hazardous Substances Act to require the labeling of chronically hazardous art materials and for other purposes.
PL 100-695 (H.R.4847), enacted 11/18/1988

102 STAT. 4568 
PUBLIC LAW 100-695—NOV. 18, 1988 
Public Law 100-695 
100th Congress 
An Act 
Nov. 18, 1988 
To amend the Federal Hazardous Substances Act to require the labeling of chroni-
[H.R. 4847] 
cally hazardous art materials, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Federal 
Hazardous Substances Act is amended by adding at the end the 
following: 
Safety. 
"LABELING OF ART MATERIALS 
15 use 1277. 
"SEC. 23. (a) On and after the last day of the 2-year period 
beginning on the date of the enactment of this section, the require-
ments for the labeling of art materials set forth in the version of the 
standard of the American Society for Testing and Materials des-
ignated D-4236 that is in effect on the date of the enactment of this 
section and as modified by subsection (b) shall be deemed to be a 
regulation issued by the Commission under section 3(b). 
Business and 
"(b) The following shall apply with respect to the standard of the 
industry. 
American Society for Testing and Materials referred to in subsec-
tion (a): 
"(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 or drugs, devices, or cosmetics 
subject to the Federal Food, Drug, and Cosmetics Act. 
"(2) The standard referred to in subsection (a) as modified by 
this subsection applies to art materials intended for users of any 
age. 
"(3) Each producer or repackager of art materials shall de-
scribe 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. 
Children and 
"(5) All art materials that require chronic hazard labeling 
yo^^^- 
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 
PUBLIC LAW 100-695—NOV. 18, 1988 
102 STAT. 4569 
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) 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 subsec-
tion (a) 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 Commis-
sion 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), 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 require-
ment 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 carcino-
genicity and potential carcinogenicity, a toxicologist shall take 
into account opinions of various regulatory agencies and sci-
entific bodies. 
"(c) 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) as modified by subsection (b) after providing notice 
and an opportunity for comment. If at any time the Commission 
finds that the standard referred to in subsection (a) as modified by 
subsection (b) 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, United States Code, 
except that the Commission shall give interested persons an oppor-
tunity for the oral presentation of data, views, or arguments, in 
addition to an opportunity to make written submissions. A tran-
script shall be kept of any oral presentation. 
"(d)(1) Within 1 year of the date of the enactment of this section, 
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 pro-
vide reasonable opportunity for the submission of comments. 
"(2) The guidelines established under paragraph (1) shall 
include— 
Records. 
Children and 
youth. 
102 STAT. 4570 
PUBLIC LAW 100-695—NOV. 18, 1988 
"(A) criteria for determining when art materials may produce 
chronic adverse health effects in children and criteria for deter-
mining 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 prod-
ucts 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 guide-
lines reflect relevant changes in scientific knowledge and in the 
formulations of art materials, and shall amend the guidelines to 
reflect such changes. 
"(e) The Commission shall develop informational and educational 
materials about art materials and shall distribute the informational 
and educational materials to interested persons. 
Children and 
"(f) The Commission may bring an action under section 8 to enjoin 
youth. 
the purchase of any art material required to be labeled under this 
Act which is for use by children in pre-kindergarten, kindergarten, 
or grades 1 through 6.". 
Approved November 18, 1988. 
LEGISLATIVE HISTORY—H.R. 4847: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 12, considered and passed House. 
Oct. 19, considered and passed Senate.