Section 32064 Of Article 6. Toxic Art Supplies In Schools From California Education Code >> Division 1. >> Title 1. >> Part 19. >> Chapter 1. >> Article 6.
32064
. (a) For the 1987-88 academic year and for each academic year
thereafter, no art or craft material that is deemed by the State
Department of Health Services to contain a toxic substance, as
defined by the California Hazardous Substance Act, Chapter 4
(commencing with Section 108100) of Part 3 of Division 104 of the
Health and Safety Code, or a toxic substance causing chronic illness,
as defined in this article, shall be ordered or purchased by any
school, school district, or governing authority of a private school
in California for use by students in kindergarten and grades 1 to 6,
inclusive.
(b) Commencing June 1, 1987, any substance that is defined in
subdivision (a) as a toxic substance causing chronic illness shall
not be purchased or ordered by a school, school district, or
governing authority of a private school for use by students in grades
7 to 12, inclusive, unless it meets the labeling standards specified
in Section 32065.
(c) If the State Department of Health Services finds that, because
the chronically toxic, carcinogenic, or radioactive substances
contained in an art or craft product cannot be ingested, inhaled, or
otherwise absorbed into the body during any reasonably foreseeable
use of the product in a way that could pose a potential health risk,
the department may exempt the product from these requirements to the
extent it determines to be consistent with adequate protection of the
public health and safety.
(d) For the purposes of this article, an art or craft material
shall be presumed to contain an ingredient that is a toxic substance
causing chronic illness if the ingredient, whether an intentional
ingredient or an impurity, is 1 percent or more by weight of the
mixture or product, or if the State Department of Health Services
determines that the toxic or carcinogenic properties of the art or
craft material are such that labeling is necessary for the adequate
protection of the public health and safety.