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Art Materials

Enacted in 1988, the Labeling of Hazardous Art Materials Act (LHAMA) amended the Federal Hazardous Substances Act (FHSA) to require the labeling of chronically hazardous art materials. The requirements for LHAMA are codified at 16 CFR § 1500.14(b)(8). 

“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.

Art materials must undergo a toxicological assessment at least every 5 years to determine whether they pose 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

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.

Labeling

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.

Certification

The requirements under LHAMA are not considered a safety rule that requires certification under section 14(a)(1) of the Consumer Product Safety Act, 15 U.S.C. § 2063(a)(1). Products may still require a General Certificate of Conformity (GCC) or Children’s Product Certificate (CPC) if there are other safety rules that apply; however, the GCC or CPC does not need to include a reference to LHAMA.

Additional information

Contact

For more information, please contact the Small Business Ombudsman (SBO) team:

Report an unsafe product