The filing, and the five-year cycle
Updated
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The written criteria
Each producer or repackager shall describe in writing the criteria used to determine whether an art material has the potential for producing chronic adverse health effects. That is a document you author, not a form you complete.
And it gets submitted
The written description, together with a list of the art materials that require hazard warning labels, goes to the Commission’s Division of Regulatory Management at the Consumer Product Safety Commission in Washington. On request, the Commission may also ask for product formulations.
Twelve months for new information
If a producer or repackager becomes newly aware of significant information about a hazard, or about ways to protect against it, that information must be incorporated into labels for materials manufactured after twelve months from the date of discovery.
Which means you have to notice
The clock starts at discovery, so a process that reads toxicology news and a process that never does are treated differently. For a small repackager, the realistic mechanism is the supplier and the toxicologist, in writing, on a schedule.
Five years, at the outside
A toxicologist shall review formulations and associated labels as necessary, but at least every five years, against the then-current well-established scientific knowledge. Nothing in the product changes to remind you of this.
Reformulation resets everything
A new formulation must be evaluated and labeled in accordance with the standard. So a change made for cost or for supply reasons puts the toxicologist review, the labeling and the conformance statement all back in play together.
Diarize it with the artwork files
The review date, the filing date and the label version in one place. The failure mode here is not disagreement about the rule, it is a date that nobody owned.