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HEALTH LABELING OF ARTISTS’ MATERIALS

Reprinted from ASTM Standardization News, “ASTM’s Role in Improving Health Labeling of Artist’s Materials” by Benjamin Gavett, Oct. 1995. 

New regulations are rarely welcome or easy to implement. However, they are much more palatable when they result from successful negotiation. ASTM provided an ideal forum that allowed manufacturers of artists' materials to participate in the resolution of a controversial labeling issue. The process was successful because, by design, ASTM includes all points of view in its committee structure. Regulators watched closely as manufacturers sat down with consumer advocates, public health officials and others, to tackle the problem. The group developed the ASTM Standard D 4236, Practice for Labeling Art Materials for Chronic Health Hazards, which proved substantial enough to appease federal lawmakers.

On November 18, 1988, the President of the United States signed into law the Labeling of Hazardous Art Materials Act (LHAMA) as an amendment to the Federal Hazardous Substances Act (FHSA). This made the provisions of ASTM D 4236 compulsory for manufacturers or importers of any material marketed as suitable for the creation of visual or graphic art. The strong preemption provision contained within FHSA alleviated a compliance problem for manufacturers. It prohibited states from having non-identical labeling requirements when considering the same risk.

The requirements of the new law came as no surprise for the manufacturer members of ASTM D01.57, Subcommittee on Artists’ Paints and Related Materials. Through their participation in ASTM, they had helped form the final legislative product. In addition, the enforcement agency for the new law, the Consumer Product Safety Commission (CPSC) maintained active representation in the subcommittee throughout the process.

Why Focus on Art Material?

Some art materials do or have contained compounds that are known to have the potential for chronic toxicity. These include various solvents, certain pigments, glazes, drying agents for oil paints, and asbestos in modeling compounds. While many of these products were intended for use by professionals and adults who knew safe handling practices, widespread use of art materials in schools resulted in their use by children. Inadequate labeling was coupled with a lack of understanding, by many teachers, of the health hazards and safe use of art materials. Also, classrooms typically had insufficient ventilation for the solvent-based products used. Safety advocates conducted surveys of materials used in art classes and announced findings through press releases and newspaper investigative reports. As attention focused on the materials children were using in their art classes, the public began demanding appropriate action from officials at all levels—from school board to the federal government.

Provisions of ASTM D 4236 and the Labeling of Hazardous Art Material Act

The law requires art material labels to (a) carry a warning statement identifying chronic health hazards, (b) list the ingredients causing those hazards, and (c) provide directions for safe use of the product. The phrase, “Conforms to ASTM D 4236”, is required as evidence that the guidelines of the standard were followed in the labeling of the product. The evaluation is to be conducted by a board-certified toxicologist, and the product must be reevaluated periodically, at least every five years.

Another key piece of information to be found on the label, as directed by the standard, is a source for additional information. This can take the form of a toll free phone number that is reachable 24 hours per day, or directions to contact a poison control center network. Under the Labeling of Hazardous Art Materials Act, it became a requirement for chronically hazardous products to carry the phone number of a person responsible for placing the product on the market.

Uniform toxicological evaluation of products was needed to ensure accuracy and consistency. The Labeling of Hazardous Art Materials Act addressed this with a provision directing the CPSC to establish guidelines for determining whether art and craft materials present chronic hazards. It also requires those responsible for putting an art material on the market to provide the CPSC with a written description of the criteria used in determining those hazards, as well as a list of products that require chronic hazard warnings.

Development of the Standard

ASTM Subcommittee D01.57 was established in 1978 with the goal of developing test methods to support a revision of the artists’ oil paints commercial standard published by the National Bureau of Standards (NBS, now the National Institute of Standards and Technology, NIST), Commercial Standard CS98-62, which was originally published in 1942. The scope of the new subcommittee was to develop test methods, nomenclature, definitions, classification, recommended practices, instrumental standards and specifications for artists' paints, components thereof, and related materials used by artists. The group which assembled for this project was a mixture of artists’ material manufacturers, retailers, conservators and artists. Members of the NBS standing committee on artists’ were surveyed regarding their opinions on what should be included in a new artists’ paint standard. Toxicity labeling ranked third, after lightfastness and tinting strength, as an area the new standard should address. This survey resulted in the establishment of several task groups within the subcommittee, on of which was DO1.57.10, Toxicity Determination of Artists’ Paints. However, the subcommittee initially focused on other areas, including preparation of samples for lightfastness testing of pigments, tests for tinting strength, and pigment identification through instrumental equipment.