SECTIONS 32060-32066 - California Statutes

EDUCATION CODE

SECTION 32060-32066

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) 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. "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. (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. "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. (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. 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. 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.