[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
