[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Rules and Regulations]
[Pages 53266-53267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25321]



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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Statement of Policy or Interpretation; Clarification of 
Enforcement Policy for Art Materials

AGENCY: Consumer Product Safety Commission.

ACTION: Clarification of statement of enforcement policy.

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SUMMARY: In 1988, Congress enacted the Labeling of Hazardous Art 
Materials Act which mandated a labeling standard and certain other 
requirements for art materials. On February 13, 1995, the Commission 
issued a statement of enforcement policy to more clearly apprise the 
public of its intended enforcement focus. This notice clarifies a 
phrase in the preamble to the Commission's policy statement concerning 
the conformance statement that the law requires accompany art 
materials.

DATES: This policy takes effect on October 13, 1995.

FOR FURTHER INFORMATION CONTACT: Mary Toro, Division of Regulatory 
Management, Office of Compliance and Enforcement, Consumer Product 
Safety Commission, Washington, DC 20207; telephone (301) 504-0400.

SUPPLEMENTARY INFORMATION:

A. Background

    In 1988, Congress enacted the Labeling of Hazardous Art Materials 
Act (``LHAMA''), 15 U.S.C. 1277. Through LHAMA, Congress expressed its 
desire that art materials should be labeled to warn consumers of 
potential chronic hazards. LHAMA mandated a voluntary standard, ASTM D 
4236, with certain modifications, as a mandatory Commission rule under 
section 3(b) of the Federal Hazardous Substances Act (``FHSA''). Id.
    On October 9, 1992, the Commission issued a notice in the Federal 
Register that codified the standard as mandated by Congress. 57 FR 
46626. (At that time, the Commission also issued guidelines for 
determining when a product presents a chronic hazard, and a 
supplemental regulatory definition of the term ``toxic'' that 
explicitly includes chronic toxicity.) The standard is codified at 16 
CFR 1500.14(b)(8).
    After gaining experience enforcing the LHAMA requirements, the 
Commission decided to issue a statement of enforcement policy to more 
clearly apprise the public of its enforcement focus. On March 8, 1994, 
the Commission published a proposed enforcement policy for art 
materials. 59 FR 10761. After reviewing the comments submitted in 
response to the proposal, the Commission published a final statement of 
enforcement policy on February 13, 1995. 60 FR 8188.

B. Clarification

    LHAMA and the standard it mandated provide certain requirements for 
art 

[[Page 53267]]
materials. One such requirement is that the product bear or be 
displayed with a conformance statement indicating that it has been 
reviewed in accordance with the standard. 16 CFR 
1500.14(b)(8)(i)(C)(7).
    The February 13, 1995 Statement of Enforcement Policy indicated in 
the preamble that the conformance statement was ``other cautionary 
labeling'' as that term is defined under FHSA regulations and that the 
conformance statement must comply with the FHSA's conspicuousness 
requirements at 16 CFR 1500.121 (c) and (d). 60 FR at 8191. In a letter 
to Commission staff, the Art and Creative Materials Institute, Inc. 
(``ACMI'') objected to this statement. After reviewing the matter, the 
Commission agrees with ACMI and is issuing this clarification.
    Under the LHAMA requirements, the preferred form for the 
conformance statement is on the product itself. 16 CFR 
1500.14(b)(8)(i)(C)(7). However, other options are available, such as a 
display at the point of purchase or in separate explanatory literature. 
Id. As the conformance statement does not have to appear as a label, we 
agree that it should not be considered ``other cautionary labeling.''
    Thus, it is not mandatory that conformance statements comply with 
the FHSA conspicuousness requirements for cautionary labeling. However, 
as ACMI recognizes, the conformance statement must be legible. 
Otherwise, the purpose of having a conformance statement is frustrated. 
The Commission considers the conspicuousness regulations useful 
guidance for manufacturers trying to determine appropriate 
characteristics for a legible conformance statement.
    All other aspects of the February 13, 1995 Statement of Enforcement 
Policy remain unchanged.

List of Subjects in 16 CFR Part 1500

    Arts and crafts, Consumer protection, Hazardous materials, 
Hazardous substances, Imports, Infants and children, Labeling, Law 
enforcement, Toys.

    Dated: October 6, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-25321 Filed 10-12-95; 8:45 am]
BILLING CODE 6355-01-P