Article 6Toxic Art Supplies in Schools

Section § 32060

Explanation
This law aims to protect elementary school children from art supplies that contain harmful chemicals or substances that could cause cancer. It prevents the sale of these toxic materials to schools for younger kids in kindergarten through sixth grade. For older students in grades seven through twelve, these supplies can be purchased only if they come with proper labeling that warns of the dangers.
(a)CA Education Code § 32060(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)CA Education Code § 32060(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.
art supplies toxic substances human carcinogens school safety elementary school protection labeling requirements health dangers school children prohibited sales elementary grades secondary grades safety warnings dangerous chemicals education safety student protection
(Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.)

Section § 32061

Explanation

This section defines what is considered an 'art or craft material.' It includes any material or product that a manufacturer or repackager claims is suitable for making or demonstrating art in any form. This could involve everything from paintings and sculptures to jewelry and stained glass.

“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.
art materials craft materials visual art graphic art painting materials sculpture materials ceramics enamels jewelry making stained glass materials plastic sculpture photographic materials leather goods textile art
(Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.)

Section § 32062

Explanation

This law defines what a human carcinogen and a potential human carcinogen are. A human carcinogen is anything listed by the International Agency for Research on Cancer as causing cancer in humans. A potential human carcinogen is something that doesn't fit that definition but has been shown to cause cancer in animals or can be turned into a human carcinogen by the human body.

(a)CA Education Code § 32062(a) “Human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer.
(b)CA Education Code § 32062(b) “Potential human carcinogen” means one of the following:
(1)CA Education Code § 32062(b)(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)CA Education Code § 32062(b)(2) Any chemical shown to be changed by the human body into a human carcinogen.
human carcinogen potential human carcinogen cancer-causing substances International Agency for Research on Cancer animal carcinogenicity chemical conversion cancer research toxic substances carcinogenic classification public health cancer prevention scientific evidence substance listing carcinogenicity in animals chemical transformation
(Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.)

Section § 32063

Explanation

This law defines what a "toxic substance causing chronic illness" is. It includes chemicals known to cause cancer in humans, chemicals that might cause cancer, and other hazardous substances listed by the Director of Industrial Relations. These must be recognized as toxic if they aren't already covered by federal labeling requirements, even if there are certain cases where they are used in safe ways or amounts.

“Toxic substance causing chronic illness” means any of the following:
(a)CA Education Code § 32063(a) Human carcinogens.
(b)CA Education Code § 32063(b) Potential human carcinogens.
(c)CA Education Code § 32063(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.
toxic substance chronic illness human carcinogens potential carcinogens hazardous substances list Director of Industrial Relations Section 6382 health hazard labeling requirements federal law exemptions
(Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.)

Section § 32064

Explanation

This law says that schools in California cannot order or purchase art or craft materials with toxic substances for young children in kindergarten through sixth grade. For older students, in grades 7 to 12, materials with toxic substances can only be used if they meet certain labeling standards. The Department of Health Services may exempt some products if they're sure that the materials can’t be absorbed into the body in a harmful way. An art or craft material is considered toxic if it has certain ingredients making up 1% or more of the product or if it needs warning labels to keep people safe.

(a)CA Education Code § 32064(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)CA Education Code § 32064(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)CA Education Code § 32064(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)CA Education Code § 32064(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.
toxic substances art materials craft materials chronic illness school supplies health risk safety regulations product labeling kindergarten restrictions grade 1 to 6 rules grade 7 to 12 conditions California schools hazardous substances chronic toxic substances product exemption
(Amended by Stats. 1996, Ch. 1023, Sec. 31. Effective September 29, 1996.)

Section § 32065

Explanation

This law requires that warning labels for certain art or craft materials must alert users to potential health risks. Labels need to be prominent and include the word 'WARNING.' They have to explain health dangers, including risks of cancer, toxicity, and other possible chronic illnesses. Specific safety instructions for using and storing the material must also be included, such as keeping away from children or proper ventilation. If there are multiple health risks, these can be combined into a single warning. Labels must list toxic ingredients and include contact information for more details, like a poison control center. If space is limited, a package insert with all the details can be used instead, but it should be easy to understand. Compliance with these labeling standards is mandatory, and manufacturers must provide information to the health department if requested.

Warning labels for substances specified in Section 32064 shall meet all of the following standards:
(a)CA Education Code § 32065(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)CA Education Code § 32065(b) The warning label shall contain information on the health-related dangers of the art or craft material.
(1)CA Education Code § 32065(b)(1) If the product contains a human carcinogen, the warning shall contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.”
(2)CA Education Code § 32065(b)(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)CA Education Code § 32065(b)(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)CA Education Code § 32065(b)(3)(A) May cause sterility or damage to reproductive organs.
(B)CA Education Code § 32065(b)(3)(B) May cause birth defects or harm to developing fetus.
(C)CA Education Code § 32065(b)(3)(C) May be excreted in human milk causing harm to a nursing infant.
(D)CA Education Code § 32065(b)(3)(D) May cause central nervous system depression or injury.
(E)CA Education Code § 32065(b)(3)(E) May cause numbness or weakness in the extremities.
(F)CA Education Code § 32065(b)(3)(F) Overexposure may cause damage to (specify organ).
(G)CA Education Code § 32065(b)(3)(G) Heating above (specify degrees) may cause hazardous decomposition products.
(4)CA Education Code § 32065(b)(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)CA Education Code § 32065(c) The warning label shall contain a list of ingredients that are toxic substances causing chronic illness.
(d)CA Education Code § 32065(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)CA Education Code § 32065(d)(1) Keep out of reach of children.
(2)CA Education Code § 32065(d)(2) When using, do not eat, drink, or smoke.
(3)CA Education Code § 32065(d)(3) Wash hands after use and before eating, drinking, or smoking.
(4)CA Education Code § 32065(d)(4) Keep container tightly closed.
(5)CA Education Code § 32065(d)(5) Store in well ventilated area.
(6)CA Education Code § 32065(d)(6) Avoid contact with skin.
(7)CA Education Code § 32065(d)(7) Wear protective clothing (specify type).
(8)CA Education Code § 32065(d)(8) Wear NIOSH certified masks for dust, mists, or fumes.
(9)CA Education Code § 32065(d)(9) Wear NIOSH certified respirator with appropriate cartridge for (specify type).
(10)CA Education Code § 32065(d)(10) Wear NIOSH certified supplied air respirator.
(11)CA Education Code § 32065(d)(11) Use window exhaust fan to remove vapors and assure adequate ventilation (specify explosion proof if necessary).
(12)CA Education Code § 32065(d)(12) Use local exhaust hood (specify type).
(13)CA Education Code § 32065(d)(13) Do not heat above (specify degrees) without adequate ventilation.
(14)CA Education Code § 32065(d)(14) Do not use/mix with (specify material).
(e)CA Education Code § 32065(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)CA Education Code § 32065(f) The warning label, or any other label on the substance, shall contain the name and address of the manufacturer or repackager.
(g)CA Education Code § 32065(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.
warning labels art materials toxicity risks cancer hazard chronic illness safe use instructions storage instructions package insert toxic substances protective clothing ventilation health information local poison control manufacturer details compliance requirements
(Amended by Stats. 1996, Ch. 1023, Sec. 32. Effective September 29, 1996.)

Section § 32066

Explanation

This law requires the State Department of Health Services to create a list of unsafe art and craft materials that shouldn't be used in schools from kindergarten through 6th grade. They need input from artists, health organizations, and toxicologists. The list, which can be updated regularly, has to be shared with schools and other child-focused organizations. Schools are also encouraged to get rid of art supplies that may be harmful, like those containing cancer-causing or toxic substances.

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.
unsafe art materials kindergarten grades 1 to 6 toxic substances human carcinogens health organizations art supplies toxicologists safe school supplies child safety art supply regulation school districts private schools Department of Health Services Superintendent of Public Instruction
(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.)