California Legal Codes and Statutes

Article 6 - Toxic Art Supplies in Schools

California Education Code — §§ 32060-32066

Sections (7)

§ 32060

Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.

(a)The Legislature finds and declares that art supplies which contain toxic substances or which are potential human carcinogens pose a significant danger to the health and safety of school children. The Legislature also finds and declares that school children are not sufficiently protected by present health laws in so far as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of those materials.
(b)The Legislature intends by this article to ensure that elementary school children are protected by prohibiting the sale of these toxic substances to schools, school districts, and private schools for use in kindergarten and grades 1 to 6, inclusive, and that the toxic substances may be purchased by schools, school districts, and private schools for students in grades 7 to 12, inclusive, only if the materials are properly labeled, as described in Section 32064.
§ 32061

Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.

“Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art of any medium. These media may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather and textile goods.

§ 32062

Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.

(a)“Human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer.
(b)“Potential human carcinogen” means one of the following:
(1)Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer.
(2)Any chemical shown to be changed by the human body into a human carcinogen.
§ 32063

Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.

“Toxic substance causing chronic illness” means any of the following:

(a)Human carcinogens.
(b)Potential human carcinogens.
(c)Any substance included in the list of hazardous substances prepared by the Director of Industrial Relations, pursuant to Section 6382 of the Labor Code, notwithstanding exemptions made for substances on the list which are used in particular forms, circumstances, or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law.
§ 32064

Amended by Stats. 1996, Ch. 1023, Sec. 31. Effective September 29, 1996.

(a)For the 1987–88 academic year and for each academic year thereafter, no art or craft material that is deemed by the State Department of Health Services to contain a toxic substance, as defined by the California Hazardous Substance Act, Chapter 4 (commencing with Section 108100) of Part 3 of Division 104 of the Health and Safety Code, or a toxic substance causing chronic illness, as defined in this article, shall be ordered or purchased by any school, school district, or governing authority of a private school in California for use by students in kindergarten and grades 1 to 6, inclusive.
(b)Commencing June 1, 1987, any substance that is defined in subdivision (a) as a toxic substance causing chronic illness shall not be purchased or ordered by a school, school district, or governing authority of a private school for use by students in grades 7 to 12, inclusive, unless it meets the labeling standards specified in Section 32065.
(c)If the State Department of Health Services finds that, because the chronically toxic, carcinogenic, or radioactive substances contained in an art or craft product cannot be ingested, inhaled, or otherwise absorbed into the body during any reasonably foreseeable use of the product in a way that could pose a potential health risk, the department may exempt the product from these requirements to the extent it determines to be consistent with adequate protection of the public health and safety.
(d)For the purposes of this article, an art or craft material shall be presumed to contain an ingredient that is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is 1 percent or more by weight of the mixture or product, or if the State Department of Health Services determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety.
§ 32065

Amended by Stats. 1996, Ch. 1023, Sec. 32. Effective September 29, 1996.

Warning labels for substances specified in Section 32064 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.
(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)If the product contains a toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable:
(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 a 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 chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement.
(c)The warning label shall contain a list of ingredients that are toxic substances causing chronic illness.
(d)The warning label shall contain a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are 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.” For purposes of this section, “package insert” means a display of written, printed, or graphic matter upon a leaflet or suitable material accompanying the art supply. The language on this insert shall be nontechnical and nonpromotional in tone and content.

The requirements set forth in subdivisions (a) to (g), inclusive, shall not be considered to be complied with unless the required words, statements, or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product.

An art or craft material shall be considered to be in compliance with this section if Article 6 (commencing with Section 108500) of Chapter 4 of Part 3 of Division 104 of the Health and Safety Code requires labeling of the art or craft material, and if the material is in compliance with that article.

The manufacturer of any art or craft material sold, distributed, offered for sale, or exposed for sale in this state shall supply upon request to the State Department of Health Services any information required by the department in order to perform its duties under this article.

§ 32066

Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.

The State Department of Health Services shall, by June 1, 1987, develop a list of those art or craft materials which cannot be purchased or ordered for use in kindergarten and in grades 1 to 6, inclusive, and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. In developing the lists, the State Department of Health Services shall consult with manufacturers of art supplies, artists’ groups, health organizations, and toxicologists as the State Department of Health Services deems appropriate. The Department of Health Services shall periodically update the lists as it deems appropriate.

The Superintendent of Public Instruction shall distribute the lists to all school districts and the governing authorities of all private schools in California, and shall make the lists available to preschools, childcare centers, and other businesses and organizations which involve children in the use of art or craft materials.

The superintendent shall inform school districts and governing authorities of all private schools of the requirements of this article, and shall encourage school districts and the governing authorities of all private schools to dispose of art or craft material which may contain human carcinogens, potential human carcinogens, or chronically toxic substances, but which is not affected by this article.