§ 5

Warning labels for art or craft materials containing toxic substances shall meet all of the following standards: (a) The warning label shall be affixed in a conspicuous place and shall contain the signal word "WARNING" to alert users of potential adverse health effects. (b) The warning label shall contain information on the health related dangers of the art or craft material, as follows: (1) If the product contains a human carcinogen, the warning shall contain the statement: "CANCER HAZARD! Overexposure may create cancer risk.". (2) If the product contains a potential human carcinogen, and does not contain a human carcinogen, the warning shall contain the statement: "POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.". (3) The warning shall contain all of the following statements which apply: (A) May cause sterility or damage to reproductive organs. (B) May cause birth defects or harm to developing fetus. (C) May be excreted in human milk causing harm to nursing infant. (D) May cause central nervous system depression or injury. (E) May cause numbness or weakness in the extremities. (F) Overexposure may cause damage to (specify organ). (G) Heating above (specify degrees) may cause hazardous decomposition products. (4) If a product contains more than one toxic substance, or if a single substance can cause more than one health effect, the required statements may be combined into one warning statement. (c) The warning label shall contain a list of ingredients which are toxic substances. (d) The warning label shall contain a statement of safe use and storage instructions, conforming to the following. The label shall contain as many of the following risk statements as applicable: (1) Keep out of reach of children. (2) When using, do not eat, drink, or smoke. (3) Wash hands after use and before eating, drinking or smoking. (4) Keep container tightly closed. (5) Store in well-ventilated area. (6) Avoid contact with skin. (7) Wear protective clothing (specify type). (8) Wear NIOSH certified masks for dust, mists, or fumes. (9) Wear NIOSH certified respirator with appropriate cartridge for (specify type). (10) Wear NIOSH certified supplied-air respirator. (11) Use window exhaust fan to remove vapors and assure adequate ventilation (specify explosion-proof if necessary). (12) Use local exhaust hood (specify type). (13) Do not heat above (specify degrees) without adequate ventilation. (14) Do not use/mix with (specify material). (e) The warning label shall contain a statement on where to obtain more information, such as: "Call your local poison control center for more health information.". (f) The warning label, or any other label on the substance, shall contain the name and address of the manufacturer or repackager. (g) If all of the above information cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as "CAUTION: See package insert before use.". The language of the insert shall be nontechnical and nonpromotional in tone and content. (h) Art or craft material offered for sale in containers which contain less than one fluid ounce or one ounce net weight shall be deemed to comply with this Section if there is affixed thereon a precautionary label that includes the words "USE WITH CAUTION: Contains Toxic Substances", and a list of potentially harmful or sensitizing ingredients. (i) An art or craft material shall be considered to be in compliance with the labeling requirements of this Act if the art or craft material complies with labeling standard D 4236 of the American Society for Testing and Materials (ASTM), or latest revision thereof unless the Department determines that the label on an art or craft material does not satisfy the purposes of this Act. (j) Nothing in this Act shall require or prohibit the labeling of any art or craft material containing toxic substances prior to June 1, 1986.

Legislative History

(Source: P.A. 84-725.)