Labelling of Hazardous Art Materials Act (LHAMA)

The Labelling of Hazardous Art Materials Act (“LHAMA”),provides that, as of 18 November 1990, “the requirements for the labeling of art materials set forth in the version of the standard of the American Society for Testing and Materials [“ASTM”] designated D-4236 that is in effect on [18 November 1988] shall be deemed to be a regulation issued by the Commission under section 3(b)” of the Federal Hazardous Substances Act, 15 U.S.C. 1262(b). LHAMA took into force on 18 November 1990.

Federal law requires that all art materials offered for sale to consumers of all ages in the United States undergo a toxicological review of the complete formulation of each product to determine the product’s potential for producing adverse chronic health effects and that the art materials be properly labeled for acute and chronic hazards, as required by the Labelling of Hazardous Art Materials Act (LHAMA) and the Federal Hazardous Substances Act (FHSA), respectively.

According to 16 CFR 1500.14B8 of Consumer Product Safety Commission (CPSC), art materials must complete Labelling of Hazardous Art Materials Act (LHAMA) certification in accordance with ASTM D4236. The certification shall be performed by toxicologists accredited by National Toxicology Program of US and those toxicologists evaluate the chronic hazards of products to the human health.

Art materials

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.

For purposes of enforcement policy, the Commission will not consider as sufficient grounds for bringing an enforcement action under the Labeling of Hazardous Art Materials Act (“LHAMA”) the failure of the following types of products to meet the requirements of §1500.14(b)(8) (i) through (iii).


  • Products whose intended general use is not to create art (e.g., common wood pencils, and single colored pens, markers, and chalk),
  • Tools, implements, and furniture, used in the creation of a work of art
  • Surface materials upon which an art material is applied


The following materials, whether used as a surface or applied to one, unless, as a result of processing or handling, the consumer is likely to be exposed to a chemical in or on the surface material, in a manner which makes that chemical susceptible to being ingested, absorbed, or inhaled: paper, cloth, plastics, films, yarn, threads, rubber, sand, wood, stone, tile, masonry, and metal.

For purposes of LHAMA enforcement policy, the Commission will enforce against materials including, but not limited to, paints, crayons, colored pencils, glues, adhesives, and putties, if such materials are sold as part of an art, craft, model, or hobby kit. The Commission will enforce the LHAMA requirements against paints or other materials sold separately which are intended to decorate art, craft, model, and hobby items. Adhesives, glues, and putties intended for general repair or construction uses are not subject to LHAMA. However, the Commission will enforce the LHAMA requirements against adhesives, glues, and putties sold

separately (not part of a kit) if they are intended for art and craft and model construction uses. This paragraph (b)(8)(iv)(B) applies to products introduced into interstate commerce on or after 14 August 1995.

Provisions

The art materials shall be subject to the following labels when they have the potential to cause chronic adverse health effects upon assessment by an ABT-accredited toxicologist.

1.      Signal Word

2.      List of Potentially Chronic Hazards

3.      Name of Chronically Hazardous Component(s)

4.      Safe Handling Instructions

5.      List of Sensitising Components

6.      Combined Statement

7.      Information Sources

Besides, we can render you one-stop solutions integrating consulting, testing and certification. Please feel free to contact test@cirs-group.com or leave us a message if any question. Staffed by experienced specialists, C&K Testing can assure you of the quality and safety of your products by our professional testing services as per different standards. 

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