How to ensure compliance with LHAMA regulations

For many decades, arts and crafts have been a popular pastime and hobby for both adults and children alike, even long before Bob Ross! However, the materials used can sometimes pose an adverse risk to the health of consumers. Due to this, if you want to sell or are already selling art materials intended for consumer use in the United States, you must comply with several federal requirements, including the Labelling of Hazardous Art Materials Act (LHAMA). 

What is the Labelling of Hazardous Art Materials Act (LHAMA)?

The Labelling of Hazardous Art Materials Act (LHAMA) was enacted on 18 November 1990, to ensure the safety of arts and craft materials distributed in the United States and to protect consumers. The act requires that arts and craft materials be tested for potential chronic hazards by certified toxicologists in accordance with the provisions of ASTM D-4236, and that appropriate warning labels be prominently displayed on the packaging.

LHAMA is currently within the standards stated below: 

• Labelling of Hazardous Art Materials Act (LHAMA)
• Federal Hazardous Substances Act (FHSA)
• 16 CFR Part 1500 - Hazardous Substances and Articles
• ASTM D-4236

The scope of LHAMA

Before going into further details, let’s define the term “arts and craft materials” in LHAMA. The term “arts and craft materials” in LHAMA refers to any product or substance marketed or sold as usable for any phase of the creation of visual or graphic arts and packaged for use by consumers of all ages in the United States. 

Here are some examples of “arts and craft materials” that fall within the scope of LHAMA that the U.S. Consumer Product Safety Commission (CPSC) enforce against:

• Coloured pencils, crayons, and chalks
• Adhesives, putties, and glues
• Paints and inks
• Ceramics and clays
• Brushes, frames, and canvas

If adhesives, glues, and putties are sold separately (not as part of a kit) and are intended for general repair or construction purposes, they are not subject to LHAMA requirements.

What should be done to ensure LHAMA compliance?

It is important to note that arts and craft materials intended to be sold in the U.S. market must undergo LHAMA chronic hazard review by a certified toxicologist at least every five years or when new significant hazard information becomes known to the manufacturer or when the arts and craft materials are reformulated. The review will look at the following: 

1. Current chemical composition of the art material submitted
2. Scientific knowledge of the chronic toxic potential of the individual components and the total formulation
3. Specific physical and chemical form of the art material product, bioavailability, concentration, and the amount of each potentially chronic toxic component found in the formulation
4. Reasonably foreseeable uses of the art material product
5. Potential for known synergism and antagonisms among the various components of the formulation
6. Potential chronic adverse health effects of decomposition or combustion products
7. Opinions of various regulatory agencies and scientific bodies, on the potential chronic adverse health effects of the various components of the formulation

The provisions of LHAMA

If the arts and craft materials are determined to cause acute chronic health damage, the package must bear the followings: 

1. Health warning
2. Instructions of safe handling
3. Precautionary statement
4. Conformance statement to D-4236
5. Source of information

Below are some examples of warning labels under LHAMA:

If it is determined that the arts and craft materials do not pose an acute or chronic health hazard, only a conformance statement must be placed on the product packaging. Here are some valid examples of conformance statements:

• “Conforms to ASTM Practice D-4236”
• “Conforms to ASTM D-4236”
• “Conforms to the health requirements of “ASTM D-4236”

The buyers and suppliers must also submit to the CPSC, the criteria used by the toxicologists in evaluating the product, along with a list of products required to carry chronic hazard warning labels under LHAMA. 

What happens if you fail to comply with LHAMA?

In addition to potential liability under the Consumer Product Safety Improvement Act (CPSIA), LHAMA imposes specific responsibilities and liabilities on buyers and suppliers of arts and craft materials. If your product has potential chronic health effects and is not properly labeled in accordance with LHAMA requirements, the CPSC has the authority to issue product recalls and seize the products. Suppliers and buyers responsible for mislabeled product may also be subject to a criminal violation, fines, civil penalties, and imprisonment. 

Therefore, it is important for buyers and suppliers of arts and craft materials to work with a trusted 3rd party quality assurance partner to ensure compliance with the federal requirements, including LHAMA.  

How can we help?

With CPSC-accredited laboratories and board-certified toxicologists, the Eurofins Toys & Hardlines network can help buyers and suppliers of arts and craft materials to ensure compliance with federal requirements, including LHAMA, TRA, (M)SDS, and Prop 65. 

Learn more about our sustainable chemistry services.