(a) No person shall distribute, sell, offer for sale, or expose for sale any art or craft material containing toxic substances causing chronic illness on which the person has failed to affix:

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Terms Used In Tennessee Code 68-131-304

  • Human carcinogen: means any substance listed as a human carcinogen by the International Agency for Research on Cancer. See Tennessee Code 68-131-303
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed to the article, and a requirement made by or under authority of this part that any word, statement or other information appearing on the label shall not be considered to be complied with, unless such word, statement or other information also appears:
    (A) On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper. See Tennessee Code 68-131-303
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Toxic: includes any substance that, when ingested, inhaled or absorbed through the skin, has the capacity to produce personal injury or illness. See Tennessee Code 68-131-303
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) A conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects;
(2) A conspicuous label warning of the health-related dangers of the art or craft material;

(A) If the product contains a human carcinogen, the warning shall contain the statement “CANCER HAZARD! Overexposure may create cancer risk.”;
(B) 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:

(i) May cause sterility or damage to reproductive organs;
(ii) May cause birth defects or harm to developing fetus;
(iii) May be excreted in human milk causing harm to nursing infant;
(iv) May cause central nervous system depression or injury;
(v) May cause numbness or weakness in the extremities;
(vi) Overexposure may cause damage to (specify organ); or
(vii) Heating above (specify degrees) may cause hazardous decomposition products;
(C) If a product contains more than one (1) chronically toxic substance, or if a single substance can cause more than one (1) chronic health effect, the required statements may be combined into one (1) warning statement;
(3) On the label a list of ingredients that are toxic substances causing chronic illness;
(4) On the label 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:

(A) Keep out of reach of children;
(B) When using, do not eat, drink, or smoke;
(C) Wash hands after use and before eating, drinking, or smoking;
(D) Keep container tightly closed;
(E) Store in well ventilated area;
(F) Avoid contact with skin;
(G) Wear protective clothing (specify type);
(H) Wear national institute of occupational safety and health (NIOSH) certified masks for dusts, mists, or fumes;
(I) Wear NIOSH certified respirator with appropriate cartridge for (specify type);
(J) Wear NIOSH certified supplied-air respirator;
(K) Use window exhaust fan to remove vapors and assure adequate ventilation (specify explosion proof if necessary);
(L) Use local exhaust hood (specify type);
(M) Do not heat above (specify degrees) without adequate ventilation; or
(N) Do not use or mix with (specify material);
(5) On the label a statement on where to obtain more information, such as “Call your local poison control center for more health information”; or
(6) On the label the name and address of the manufacturer.
(b)

(1) 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.
(2) Art or craft material offered for sale in containers that contain less than one (1) fluid ounce (30 milliliters) or one (1) ounce net (29 grams) shall be deemed to comply with this section if there is affixed on the container a precautionary label that includes the words “USE WITH CAUTION: Contains Hazardous Substances.”
(c) The requirements set forth in subsections (a) and (b) 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.
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