The Labeling of Hazardous Art Materials Act went into effect in November of 1990. According to this law, all art materials must be tested for toxicity. Any potential hazards need to be clearly stated on the outside label.
The Commission believes that under the broad statutory definition of art material, three categories can be seen:
- Materials used to create the artwork that becomes part of the work itself (for example, paint, clay, inks, crayons, chalk, canvas, paper, cloth, and photographic film)
- Tools used by the artist to create the work (for example, paint brush, ceramic kiln, solvents, silk screens, molds and photo developing chemicals)
- Those tools, implements and furniture that are used in the process of the creation of a work of art, but do not become part of the work of art (for example, drafting tables, chairs, easels, picture frames, canvas stretchers, potter’s wheels, hammers, chisels, and air pumps for air brushes)
The Labeling of Hazardous Art Materials then became a part of the Federal Hazardous Substances Act. The act created a uniform law that all states needed to follow.
Further – under the act, the Consumer Product Safety Commission determines guidelines for what constitutes a chronic hazard, such as what materials and in what quantity may carcinogens cause birth defects. In addition, it prevents toxic materials from being used by children unless the child is old enough to fully understand the warning labels.
For those of you who paint, draw or create, you know that labels on art materials clearly state the hazardous ingredients, any precautions you need to take, and what to do in case of accident ingestion or exposure.
A properly labeled material will state, “Warning”, “Caution”, or “Danger” if a hazard is present. It should also list the potential consequences, such as cancer or kidney damage and include the manufacturer’s contact information.
If you or a loved one has suffered from any personal injury, including hazardous art materials, contact the personal injury law offices of Maggiano, DiGirolamo & Lizzi PC with decades of experience, knowledgeable to help you to determine if you are entitled to compensation for your damages. Call us and speak to one of our attorneys for a free no obligation consultation that is completely confidential.