Administrative Code

Virginia Administrative Code
9/24/2022

Chapter 530. Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited

Part I
Definitions

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.

Part II
General Regulations

8VAC20-530-20. Toxic materials.

An art material shall be considered toxic if such material contains an ingredient which is a toxic substance, to include human carcinogen and potential human carcinogen causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is 1.0% or more by weight of the art material.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 § 2.1, eff. July 1, 1988.

8VAC20-530-30. Labeling standards.

A. If an art material complies with labeling standard ASTM D-4236 and its revision, if any, of the American Society for Testing and Materials, the material shall be deemed to comply with provisions of this criteria.

B. All art materials used in the public schools which meet the criteria as toxic shall be so labeled.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 §§ 2.2 and 2.3, eff. July 1, 1988.

8VAC20-530-40. Elementary grades.

Use of art materials evaluated under ASTM D-4236 to be toxic shall be prohibited in the elementary grades.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 § 2.4, eff. July 1, 1988.

8VAC20-530-50. Incorporation by reference.

The ASTM 4236 standard is incorporated by reference in this chapter.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 § 2.5, eff. July 1, 1988.

Part III
Labeling

8VAC20-530-60. Labeling.

The following information, in accordance with ASTM D-4236, shall be stated on all art materials purchased for usage in Virginia public schools.

1. The name and place of business of the manufacturer, packer, distributor, or seller;

2. The common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard;

3. The signal word shall be visible and set in bold capital letters, such as one of the following:

a. DANGER;

b. WARNING;

c. CAUTION;

d. POISON.

4. An affirmative statement of the principal hazard or hazards, such as one of the following:

a. MAY CAUSE STERILITY;

b. CONTACT MAY CAUSE PERMANENT EYE DAMAGE;

c. MAY BE HARMFUL BY BREATHING VAPORS OR DUST;

d. MAY BE HARMFUL IF SWALLOWED;

e. MAY BE HARMFUL BY SKIN CONTACT;

f. MAY PRODUCE BIRTH DEFECTS IN THE DEVELOPING FETUS;

g. MAY BE EXCRETED IN HUMAN MILK;

h. MAY CAUSE HARM TO THE NURSING INFANT;

i. CANCER AGENT! EXPOSURE MAY PRODUCE CANCER;

j. CANCER AGENT BASED ON TESTS WITH LABORATORY ANIMALS;

k. POSSIBLE CANCER AGENT BASED ON TESTS WITH LABORATORY ANIMALS;

l. MAY PRODUCE ALLERGIC REACTIONS BY INGESTION/INHALATION/SKIN CONTACT;

m. MAY PRODUCE NUMBNESS OR WEAKNESS IN THE EXTREMITIES;

n. EXPOSURE MAY CAUSE (SPECIFY THE ORGAN(S)) DAMAGE;

o. HEATING/COMBUSTION MAY CAUSE HAZARDOUS DECOMPOSITION PRODUCTS.

5. Precautionary measures describing the action to be followed or avoided; instructions for handling and storage of packages which require special care in handling or storage, such as:

a. Keep out of reach of children;

b. When using do not eat, drink, or smoke;

c. Wash hands immediately after use;

d. Avoid inhalation/ingestion/skin contact;

e. Avoid fumes from combustion;

f. Keep container tightly closed when not in use;

g. Store in well-ventilated area;

h. Wear protective clothing (specify type);

i. Wear protective goggles/face shield;

j. Wear NIOSH-certified mask for dusts/mists/fumes;

k. Wear NIOSH-certified respirator with an appropriate cartridge for (specify);

l. Wear NIOSH-certified supplied-air respirator; or

m. Use window exhaust fan to remove vapors and ensure adequate cross-ventilation (specify explosion proof if necessary);

6. Instruction, when necessary or appropriate, for first-aid treatment.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 § 3.1, eff. July 1, 1988.

8VAC20-530-70. Statements of conformance.

Statements of conformance accepted by Virginia Department of Education and Virginia Department of Health:

1. Conforms to ASTM Practice D-4236;

2. Conforms to ASTM D-4236;

3. Conforms to the health requirements of ASTM D-4236.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 § 3.2, eff. July 1, 1988.

8VAC20-530-80. Products compliance.

The purpose of the conformance statement is to inform the purchaser, at the time of purchase, of the products compliance with the standard. To accomplish this purpose the conformance statement should appear whenever practical on the product; however, it shall also be acceptable to place the statement on one or more of the following:

1. The individual product package;

2. A display or sign at the point of purchase;

3. Separate explanatory literature available on request at the point of purchase;

4. A response to a formal request for bid or proposal.

Statutory Authority

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

Historical Notes

Derived from VR270-01-0051 § 3.3, eff. July 1, 1988.

Forms (8VAC20-530-9999)

International Agency for Research on Cancer and the National Toxicology Program, list of carcinogens, United States Department of Health and Human Services.

ASTM D-4236, labeling standards, American Society for Testing and Materials.

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