Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 530 - REGULATIONS GOVERNING CRITERIA TO IDENTIFY TOXIC ART MATERIALS; LABELING; USE IN ELEMENTARY GRADES PROHIBITED › Part I - Definitions › Section 8VAC20-530-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Art material" means any raw or processed material or
					 manufactured product marketed or represented by the manufacturer or repackager,
					 as suitable for use in demonstration or the creation of any work of visual or
					 graphic art of any medium.
1. Visual
				  or graphic art techniques employing art mediums may include, but should not be
				  limited to, ceramics, drawing, enamels, glass, jewelry, leather, painting,
				  photography, plastic sculpture, sculpture, stained glass, and textile
				  goods.
2. Art materials shall
				  include, but not be limited to acrylic paints, adhesives, chalks, charcoal,
				  clays, crayons, drawing inks, drawing pencils, enamel colors, fabric dyes, felt
				  tip markers, finger paints, fixatives, glazes, glues, lacquers, modeling
				  materials, oils, oil paints, oil pastels, pastes, pastels, printing inks,
				  screen printing inks, shellacs, silver solder, solvents, spray paints, tempra
				  paints, varnishes, and watercolors.
3. The term does not include economic poisons
				  subject to the Federal Insecticide, Fungicide and Rodenticide Act ( 7 USC
				  § 136 et seq.), or drugs, devices, or cosmetic subject to the Federal
				  Food, Drug, and Cosmetic Act ( 21 USC § 301 et seq.).
"Chronic illness" means of long duration, continuing,
					 constant, prolonged, lingering disease or illness.
"Certain grades" means kindergarten through grade five in
					 Virginia public schools.
"Hazardous substance" means any chemical which is a health
					 hazard.
"Health hazard" means a chemical for which there is
					 statistically significant evidence based on at least one study conducted in
					 accordance with established scientific principles that acute or chronic health
					 effects may occur in exposed children. The term health hazard includes
					 chemicals which are carcinogens, toxic or highly toxic agents, reproductive
					 toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins,
					 neurotoxins, agents which act on hematopoietic system, and agents which damage
					 the lungs, skin, eyes, or mucous membranes.
"Human carcinogen" means any substance for which there is
					 sufficient evidence of carcinogenicity from epidemiological studies to support
					 a causal association between exposure and cancer and which is listed as such by
					 the International Agency for Research on Cancer or listed as a substance known
					 to be carcinogenic by the National Toxicology Program of the United States
					 Department of Health and Human Services.
"Ingredient" means something that is an element in a
					 mixture or compound.
"Label" means any written, printed, or graphic material
					 displayed on or affixed to containers of hazardous chemicals.
"Potential human carcinogen" means any substance which does
					 not meet the definition of a human carcinogen, but for which:
1. There is a limited evidence of
				  carcinogenicity from studies in humans, which indicates that causal
				  interpretation is credible, but that alternative explanations, such as chance,
				  bias or confounding, could not adequately be excluded;
2. There is sufficient evidence of
				  carcinogenicity from studies in experimental animals which indicates that there
				  is an increased incidence of malignant tumors (i) in multiple species or
				  strains; (ii) in multiple experiments (preferably with different routes of
				  administration or using different dose levels); or (iii) to an unusual degree
				  with regard to incidence, site or type of tumor, or age at onset. Additional
				  evidence may be provided by data concerning dose responses effects, as well as
				  information on mutagenicity or chemical structure;
3. Is listed such by the International Agency
				  for Research on Cancer or listed as a substance that may reasonably be
				  anticipated to be carcinogen by the National Toxicology Program of the United
				  States Department of Health and Human Services; or
4. Any substance shown to be changed by the
				  human body into a human carcinogen.
"Purchaser" means the acquisition of art materials through
					 the payment of money or its equivalent by a school division, school
					 administrator, classroom teacher, or art teacher.
"Toxic substance" means any substance or mixture in a
					 gaseous, liquid, or solid state which, when ingested, inhaled, or absorbed
					 through the skin, is capable of producing an injury that persists and develops
					 over time from a single, prolonged, or repeated exposure to the substance. This
					 would include substances which are human carcinogens, potential human
					 carcinogens, and those substances which can cause birth defects, harm to a
					 developing fetus or to a nursing infant, allergic sensitization, sterility,
					 damage to the nervous system, or a persistent adverse effect on any other organ
					 system.