Printing the conformance statement is a claim about a review, not a formatting decision.
A decanter reprinting "Conforms to ASTM D-4236" because the drum said it is asserting that a review covers their product. Whether it does is a question for the toxicologist who performed it.
Subsection (b)(5) asks for the name, address and telephone number of the producer or repackager of the art material being sold. Copying somebody else's puts a stranger on the hook and leaves the buyer without a route to you.
The signal word set too small
The regulation is specific: "prominently visible and set in bold capitals in a size equal to or greater than the statement of potential chronic hazards". A designer who shrank the warning to fit broke a measurable rule.
The components left off
Every component and known decomposition product with a potential for chronic hazards, listed prominently. Decomposition products are the half that gets forgotten.
The small bottle treated as an exemption
It is not one. The clause lets the Commission require the full label on a container of 30 mL or less, not require less of it.
The insert that did not travel
Information conveyed on a leaflet that went in the recycling with the shipping box was not conveyed. If the bottle cannot carry it, the thing that carries it has to be the thing the user keeps.
The update that never happened
(b)(6) gives twelve months from the date of discovery for new hazard information to reach the label of material manufactured after that. A label printed once and reordered for five years is a live exposure.
The adult hobby assumption
(b)(2) says the standard applies to art materials intended for users of any age. "This is for adults" is not a reading of the text.
The claim nobody checked
This property deliberately does not tell you which words are forbidden on an art material label, because I could not verify the restriction I expected to find. Absent beats wrong, and a toxicologist can tell you.
The fix is the same in every case
Get the review, put your own details on the label, set the type to the rule, and keep the file. None of that is a packaging decision and all of it is cheaper than the alternative.
References
15 U.S.C. 1277, the Labeling of Hazardous Art Materials Act. Subsection (a) makes the labeling requirements of ASTM D-4236 "deemed to be a regulation issued by the Commission under section 1262(b) of this title". (b)(1) defines an art material as "Any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium", excluding economic poisons under FIFRA and drugs, devices or cosmetics under the FFDCA. (b)(2) "applies to art materials intended for users of any age". (b)(5) requires the label of an art material needing chronic hazard labeling to carry "the name and address of the producer or repackager of the art materials and an appropriate telephone number and a statement signifying that such art materials are inappropriate for use by children". (b)(6) requires new hazard information to be "incorporated into the labels of such art materials that are manufactured after 12 months from the date of discovery".
law.cornell.edu16 CFR 1500.14(b)(8), the art materials labeling requirements. The label carries a signal word, "WARNING" where only chronic hazards exist, "prominently visible and set in bold capitals in a size equal to or greater than the statement of potential chronic hazards"; the potential chronic effects; every component and known decomposition product of the formulation with a potential for chronic hazards, "listed prominently"; safe handling instructions; sensitizing components; and a statement of conformance in one of three permitted forms, "Conforms to ASTM Practice D-4236", "Conforms to ASTM D-4236" or "Conforms to the health requirements of ASTM D-4236", which "should appear whenever practical on the product".
law.cornell.edu15 U.S.C. 1277(b)(7). Where the Commission determines that an art material "in a container equal to or smaller than one fluid ounce (30 ml) (if the product is sold by volume) or one ounce net weight (28 g) (if the product is sold by weight) has the potential for producing chronic adverse health effects with customary or reasonably foreseeable use despite its small size", the Commission "may require the art material to carry a label which conveys all the information required under the standard referred to in subsection (a) as modified by this subsection for art materials in a container greater than one fluid ounce or one ounce net weight".
law.cornell.edu 