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Virginia Administrative Code
Title 8. Education
Agency 20. State Board of Education
Chapter 530. Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited
9/27/2022

8VAC20-530-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Art material" means any raw or processed material or manufactured product marketed or represented by the manufacturer or repackager, as suitable for use in demonstration or the creation of any work of visual or graphic art of any medium.

1. Visual or graphic art techniques employing art mediums may include, but should not be limited to, ceramics, drawing, enamels, glass, jewelry, leather, painting, photography, plastic sculpture, sculpture, stained glass, and textile goods.

2. Art materials shall include, but not be limited to acrylic paints, adhesives, chalks, charcoal, clays, crayons, drawing inks, drawing pencils, enamel colors, fabric dyes, felt tip markers, finger paints, fixatives, glazes, glues, lacquers, modeling materials, oils, oil paints, oil pastels, pastes, pastels, printing inks, screen printing inks, shellacs, silver solder, solvents, spray paints, tempra paints, varnishes, and watercolors.

3. The term does not include economic poisons subject to the Federal Insecticide, Fungicide and Rodenticide Act (7 USC § 136 et seq.), or drugs, devices, or cosmetic subject to the Federal Food, Drug, and Cosmetic Act (21 USC § 301 et seq.).

"Chronic illness" means of long duration, continuing, constant, prolonged, lingering disease or illness.

"Certain grades" means kindergarten through grade five in Virginia public schools.

"Hazardous substance" means any chemical which is a health hazard.

"Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed children. The term health hazard includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.

"Human carcinogen" means any substance for which there is sufficient evidence of carcinogenicity from epidemiological studies to support a causal association between exposure and cancer and which is listed as such by the International Agency for Research on Cancer or listed as a substance known to be carcinogenic by the National Toxicology Program of the United States Department of Health and Human Services.

"Ingredient" means something that is an element in a mixture or compound.

"Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.

"Potential human carcinogen" means any substance which does not meet the definition of a human carcinogen, but for which:

1. There is a limited evidence of carcinogenicity from studies in humans, which indicates that causal interpretation is credible, but that alternative explanations, such as chance, bias or confounding, could not adequately be excluded;

2. There is sufficient evidence of carcinogenicity from studies in experimental animals which indicates that there is an increased incidence of malignant tumors (i) in multiple species or strains; (ii) in multiple experiments (preferably with different routes of administration or using different dose levels); or (iii) to an unusual degree with regard to incidence, site or type of tumor, or age at onset. Additional evidence may be provided by data concerning dose responses effects, as well as information on mutagenicity or chemical structure;

3. Is listed such by the International Agency for Research on Cancer or listed as a substance that may reasonably be anticipated to be carcinogen by the National Toxicology Program of the United States Department of Health and Human Services; or

4. Any substance shown to be changed by the human body into a human carcinogen.

"Purchaser" means the acquisition of art materials through the payment of money or its equivalent by a school division, school administrator, classroom teacher, or art teacher.

"Toxic substance" means any substance or mixture in a gaseous, liquid, or solid state which, when ingested, inhaled, or absorbed through the skin, is capable of producing an injury that persists and develops over time from a single, prolonged, or repeated exposure to the substance. This would include substances which are human carcinogens, potential human carcinogens, and those substances which can cause birth defects, harm to a developing fetus or to a nursing infant, allergic sensitization, sterility, damage to the nervous system, or a persistent adverse effect on any other organ system.

Statutory Authority

§§ 22.1-16 and 22.1-274.1 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0051 § 1.1, eff. July 1, 1988.

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