108500.  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 department 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.

108505.  The Legislature finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material that contains toxic chemicals.  This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists, and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties. The Legislature additionally finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from chronic adverse health effects.  Because many persons do not know what toxic chemical substances they work with, proper precautionary actions cannot be taken.  Disclosure of toxic ingredients, their possible adverse effects on health, and instructions for safe handling, will substantially minimize unnecessary exposure to excessive risk.   Additionally, the Legislature finds and declares that it is consistent to impose upon those who manufacture, repackage, distribute, and sell art or craft material a duty to convey to consumers information about the potential health hazards of the products they manufacture. Therefore, the Legislature intends by this article to ensure that consumers be provided information concerning the nature of the toxic substances with which they are working and the known and suspected health hazards of these substances, and to ensure the uniformity of labeling standards, so that materials with similar hazards also have essentially similar labels.

108510.  No person shall distribute, sell, offer for sale, or expose for sale any art or craft material containing toxic substances causing chronic illness on which the person:

   (a) Has failed to affix a conspicuous label containing the signal word "WARNING," to alert users of potential adverse health effects.

   (b) Has failed to affix a conspicuous label warning of 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 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) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness.

   (d) Has failed to affix on the label 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 dusts, 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 or mix with (specify material).

   (e) Has failed to affix on the label a statement on where to obtain more information, such as "call your local poison control center for more health information."

   (f) Has failed to affix on the label the name and address of the manufacturer.

   (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.

   Art or craft material offered for sale in containers that contain less than one fluid ounce (30 milliliters) or one ounce net (29 grams) shall be deemed to comply with this section if there is affixed on the container a precautionary label that includes the words "USE WITH CAUTION:  Contains Hazardous Substances."

   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.

   (h) Pursuant to Section 108355, the department may exempt a material from full compliance with this article.  In considering this exemption, the department shall take into consideration the potential for reasonably foreseeable misuse of a material by a child.

   (i) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of this article, unless the department determines that the label on an art or craft material does not satisfy the purposes of this article.

108515.  (a) The manufacturer of any art or craft material sold, distributed, offered for sale, or exposed for sale in this state shall supply to a national poison control network approved by the director the formulation information required by that network for dissemination to poison control centers.  Failure to file formulation information with an approved poison control network is a violation of this chapter.

   (b) The requirements set forth in Section 108510 shall not be considered to be complied with unless all required words, statements, or other information accompany art or craft materials from manufacturer to consumer, not excluding any distributor, packager, repackager, or retailer.