The Labeling of Hazardous Art Materials Act (LHAMA) applies to art materials imported, manufactured, and sold in the United States. In this guide, we explain what you must know about the product scope, labeling, documentation, and testing requirements of the Labeling of Hazardous Art Materials Act (LHAMA).
primary sources for this article are the Consumer Product Safety Commission’s site and legislative instruments associated with LHAMA.
Content Overview
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What is LHAMA?
LHAMA aims to ensure that art materials placed in the US market do not have the potential for producing adverse chronic health effects and that the art materials be appropriately labeled to communicate conformity with the applicable safety regulations and warnings.
Unlike other Acts that contain all requirements (e.g. product safety standards and labeling requirements), LHAMA’s requirements are not confined to one legislative instrument.
The following legislative and regulatory sources contain LHAMA requirements:
- 16 CFR Part 1500 – Hazardous Substances and Articles
- Federal Hazardous Substances Act (P.L. 86-613)
- ASTM D-4236-94 (2011 Updated)
- 15 USC 1277 – Labeling of art materials
LHAMA requirements
Here is a summary of LHAMA requirements for art materials:
a. Submit formulation of the art material for a Chronic Hazard Review
b. Ensure that the product, its container, or its accompanying documents contain a conformance statement with ASTM D-4236
c. Affix the appropriate labels and warnings where necessary
Additionally, if the product is intended for children of 12 years of age or younger, then the importer or manufacturer should observe other requirements as explained in subsequent sections below.
Labeling Requirements
Due to the incorporation of ASTM D-4236, LHAMA requires:
- Chronic health hazard statements
- Precautionary statements
However, the importer or manufacturer should also ensure that the product in question does not contain any acute hazards.
The reason is that, if it does contain any acute hazards, then a cautionary label is needed, due to FHSA’s additional requirements.
Additionally, LHAMA requires labeling information such as the following:
a. Name and US address of the producer or repackager
b. A US telephone number that can be contacted to gather information about the hazards
c. A statement concerning the fact that the art materials are inappropriate for use by children (if necessary)
Documentation Requirements
Some of the documentation requirements come from ASTM D-4336 and can be found in the text of the standard or 16 CFR Part 1500.14(b)(8)(i).
Additionally, you should submit the following information to the CPSC:
a. A list of products that require hazard warning labels
b. A document that describes how you determine if your art material might produce chronic adverse health effects
Toxicologist Review
Details about the toxicologist review are contained in 16 CFR 1500.14(b)(8) which includes part of the ASTM D-4236 standard.
The review evaluates whether the formulations of art materials submitted have the potential to cause adverse chronic health effects. Further requirements can be found in the federal regulation above and in ASTM D-4236.
The CPSC does provide a list of toxicologists on its site. However, the CPSC does not approve, endorse, or certify the toxicologists presented.
What is an ‘Art material’ or ‘Art material product’ under LHAMA?
The definition of what constitutes an art material and an art material product is contained in 16 CFR Part 1500.14:
“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.”
Here are some products that are considered to be art materials:
- Paints
- Crayons
- Colored Pencils
- Glues
- Adhesives
- Putties
16 CFR 1500.14(b)(8) on Art materials
16 CFR 1500.14(b)(8) is a federal regulation that contains the LHAMA requirements. As mentioned above, details about the toxicologist review and labeling requirements are contained in 16 CFR 1500.14(b)(8) which includes parts of the ASTM D-4236 standard.
Federal Hazardous Substances Act (P.L. 86-613)
The FHSA is responsible for ASTM D-4236’s status as a regulation. Thus, for instance, if your product or packaging or both fails to comply with the labeling requirements, then it would be seen as a misbranded hazardous substance by FHSA. This could result in civil action against the importer or manufacturer.
15 USC 1277. Labeling of art materials
15 USC 1277 or section 23 of FHSA (see above), contains the ASTM D-4236 standard turned regulation. Note, that it contains modifications to the standard (e.g. the definition of what constitutes an art material or art material product).
ASTM D-4236
This standard has been incorporated into the legislation and now is a part of LHAMA requirements. Like most standards, its contents can be accessed if purchased from the official store. If you are interested in its contents, you can start here.
What are the requirements for art materials intended for children?
If the art materials or art material products are marketed or designed for children aged 12 years old or younger, then CPSIA requirements should be observed. CPSIA requirements may include the following:
a. CPSC-approved third-party testing
b. Affixing a tracking label on the product(s)
c. Drafting a Children’s Product Certificate
Is compliance certifying by a certifying organization mandatory under LHAMA?
No, it is explicitly stated in the federal regulations in Appendix A to 1500.14(b)(8) that approaching a certifying organization is not mandatory. However, the regulations do go on to describe such an entity as it relates to LHAMA requirements.
What are the consequences of non-compliance with LHAMA?
If you are found selling non-compliant products, the following may occur:
a. The CPSC may enter your business premise to inspect your documentation to determine whether there is a violation of federal law
b. Your product may be reported and published on the CPSC’s consumer database (e.g. www.SaferProducts.gov)
c. The product may be recalled
d. It may attract civil suits from consumers
e. It may attract CPSC civil and criminal penalties
If a defect is found or an injury is reported from products placed on the market, the importer or manufacturer should immediately report the case to the CPSC. Failing to do so, could result in any of the adverse consequences mentioned above.
