Art materials must undergo a toxicological assessment at least every 5 years to determine whether it poses a chronic hazard. Regardless of whether a hazard exists, all art materials must meet the following requirements:
- The criteria used for the toxicological assessment of the art material must be submitted to CPSC’s Division of Regulatory Enforcement at RegulatoryEnforcement@cpsc.gov, along with a list of any art materials that require chronic hazard labeling
- A statement of conformance (“Conforms to ASTM Practice D-4236,” “Conforms to ASTM D-4236,” or “Conforms to the health requirements of ASTM D-4236”) must be placed whenever practicable on the product; if not practicable, it may instead be placed on the package, a display or sign at the point of purchase, separate explanatory literature available on requirements at the point of purchase, or a response to a formal request for bid or proposal
For more information on the requirements for art materials, visit our art materials business guidance page.
Art materials that pose a hazard must be labeled in accordance with the labeling requirements of the FHSA at 16 CFR § 1500.121. Labeling practices specific to chronic hazards in art materials can be found at 16 CFR §§ 1500.14(b)(8)(i)(E) to (G). For more information cautionary labeling, visit our FHSA business guidance page.
16 CFR part 1303 declares paints and similar surface-coating materials that contain lead or lead compounds in excess of 0.009 percent (90 ppm) to be banned hazardous products under sections 8 and 9 of the Consumer Product Safety Act (CPSA). Certain products, as listed at 16 CFR § 1303.3, are exempt from the requirement either in part or in whole. For more information, visit our lead in paint business guidance page.
In addition to the requirements specific to art materials, products intended for children are subject to the following requirements:
- Small parts: Products intended for children under 3 years of age must not contain small parts or liberate small parts after use and abuse testing.
- Lead in paint and similar surface coatings: Products intended for children 12 years of age or younger must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead.
- Total lead content: Products intended for children 12 years of age or younger must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part. 16 CFR § 1500.87 addresses determination of accessibility for the purposes of total lead content.
- Phthalates: Toys intended for children 12 years of age or younger must not contain greater than 0.1 percent (1000 ppm) of any regulated phthalate in any accessible component part. 16 CFR § 1307.3 lists the regulated phthalates, and 16 CFR part 1199 addresses determination of accessibility for the purposes of regulated phthalates.
- Toy safety: Toys intended for children 12 years of age or younger must meet 16 CFR part 1250 which incorporates ASTM F963 by reference. Applicable requirements under ASTM F963 include, but are not limited to, material quality, solubility of certain heavy metals, sharp edges, and sharp points.
- Third-party testing: Products intended for children 12 years of age or younger must be tested for compliance to applicable safety rules by a third-party, CPSC-accepted laboratory.
- Certification: Domestic manufacturers or importers of products intended for children 12 years of age or younger must generate a Children’s Product Certificate (CPC) certifying compliance to the applicable safety rules and ensures that a CPC accompanies the distribution of the product.
- Tracking label: Products intended for children 12 years of age or younger must bear distinguishing, permanent marks on the product and any packaging that allow consumers to ascertain the identity of the manufacturer or private labeler, date and place of manufacture, detailed information on the manufacturing process (i.e., batch or run number), and the specific source of the product (e.g., address of the specific manufacturing plant).
Children’s products that contain a hazardous substance as defined at 16 CFR § 1500.3(b)(4) are declared “banned hazardous substances” under the FHSA and cannot be sold or otherwise distributed. Exemptions from classification as a banned hazardous substance can be found at 16 CFR §§ 1500.85 & 1500.86.
“Art material” or “art material product” is any substance marketed or represented as suitable for use in any phase of the creation of any work of visual or graphic art of any medium and packaged in sizes intended for consumers.
Examples of art materials include, but are not limited to, ceramics and clay, chalk, stencils, colored pencils, crayons, glue (e.g., white craft glue), jewelry-making kits, markers, paints, painting kits, polymer clay packs, stickers (see FAQ question on stickers), and watercolor discs.
For purposes of enforcement, CPSC staff will refrain from enforcing the LHAMA requirements on the following products per 16 CFR § 1500.14(b)(8)(iv):
- Products whose intended general use is not to create art (e.g., common wood pencils, single-colored pens and markers, chalk) unless the particular product is specifically packaged, promoted, or marketed in a manner that would lead a reasonable person to conclude that it is intended for use as an art material. Factors the Commission would consider in making this determination include how an item is packaged (e.g., unless promoted for non-art material usage, packages of multiple colored pencils, chalks, or markers are likely to be viewed as art materials and subject to enforcement action); how it is marketed and promoted (e.g., pencils and pens intended specifically for sketching and drawing are likely to be art materials); and where it is sold (e.g., products sold in an art supply store are likely to be art materials).
- Tools, implements, and furniture, used in the creation of a work of art, such as brushes, chisels, easels, picture frames, drafting tables and chairs, canvas stretchers, potter’s wheels, hammers, air pumps for air brushes, kilns, and molds.
- Surface materials upon which an art material is applied, such as coloring books and canvas, 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.
- 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.
This is the responsibility of the producer (domestic manufacturer or importer) or repackager of the art material.
The regulation defines a “toxicologist” as an individual who, through education, training, and experience, has expertise in the field of toxicology as it relates to human exposure and is either a toxicologist or physician certified by a nationally recognized certification board.
While Congress intended the toxicological review to be performed by a board-certified Toxicologist, the Commission, in enforcing the LHAMA requirements, is primarily concerned that the person reviewing formulations has sufficient knowledge, based on a combination of education, training, and experience, and that the reviewer uses appropriate criteria to recommend complete and accurate labeling.
CPSC has compiled a list of toxicologists performing art material reviews under LHAMA. This list is for convenience only and compiled based on the toxicologists’ interest in being listed on our website; CPSC does not approve, certify, or endorse any of the listed toxicologists or their services.
The FHSA and LHAMA do not address non-hazards; therefore, the term “non-toxic” is not defined by regulation. CPSC staff, in its interpretation of the regulation, has not prohibited the use of the word “non-toxic” on substances that are not required to bear any cautionary labeling for hazards under the FHSA or LHAMA. The toxicologist who performs the chronic hazard review could provide data indicating that a substance does not pose a hazard. In that circumstance, the decision to characterize a product as non-toxic rests with the manufacturer. Use of the word “non-toxic” on substances that do require cautionary labeling could be considered deceptive use of disclaimers per 16 CFR § 1500.122.
If an art material is packaged with a toy and/or meets the definition of a children’s toy at 16 CFR § 1307.2(a), then it is subject to the requirements for phthalates.
For more information, visit our business guidance page on phthalates.
The regulation requires a toxicological review be conducted every 5 years. A reevaluation must also be conducted if the firm reformulates an art material. A change in the supplier of a component is considered to be a change in product formulation and requires reevaluation.
If the firm becomes aware of any significant information indicating a new hazard or new ways to protect against an existing hazard, this new information must be incorporated into the label of the product within 12 months from the date of discovery.
Children’s products in continuous manufacture must undergo periodic testing every 1, 2, or 3 years depending on certain supporting factors. For more information, visit our periodic testing FAQ as well as 16 CFR § 1107.21.
Note that the toxicological review required by LHAMA is not subject to the periodic testing requirements; reevaluation of art materials under LHAMA must be conducted at least every 5 years per 16 CFR § 1500.14(b)(8)(i)(C)(6).
Evaluation of different package sizes with the exact same formula would not be required under LHAMA unless package size affects exposure. Under 16 CFR § 1500.14(b)(8)(i)(D)(2)(iii), specific physical and chemical forms of the art materials product, bioavailability, concentration, and the amount of each potentially chronic toxic component in the formulation shall be considered in the determination of labeling; therefore, CPSC staff suggest firms have the largest package size evaluated and label the other sizes accordingly.
No. A 24-hour emergency number or toll-free number is only required for products requiring chronic hazard labeling.
CPSC staff will generally refrain from enforcement of the LHAMA requirements to stickers unless there is reason to believe that the nature of a particular sticker and its intended use present a risk of exposure to a potential chemical hazard either by ingestion or absorption. CPSC staff believes that self-adhesive stickers present little risk or potential to cause adverse chronic health effects unless there is something very unusual about the sticker.
For example, paper stickers marketed or promoted as art materials often have an adhesive backing that users lick. The act of licking the backing can result in the ingestion of chemicals, and LHAMA requirements must be followed.
If the stickers are intended to be applied to the body, then they would be considered body art and under the jurisdiction of the U.S. Food and Drug Administration.
Yes. Chronic hazard review would be required if a substance, such as primers on canvas, becomes susceptible to being ingested, absorbed, or inhaled by the consumer as a result of processing or handling. See 16 CFR § 1500.14(b)(8)(iv)(A)(3).
CPSC has compiled a list of toxicologists performing art material reviews under LHAMA. This list is for convenience only and compiled based on the toxicologists’ interest in being listed on our website; CPSC does not approve, certify, or endorse any of the listed toxicologists or their services.