LHAMA Assessment Service (Testing and Certification)

Shenzhen Element Testing Co., Ltd. is a toxicologist accredited by the American Society of Toxicology (ABT) and can provide LHAMA&TRA services to customers.

The Labeling of Hazardous Art Materials Act (LHAMA) is an important law that has a significant impact on the export of art materials to the United States. LHAMA came into effect in 1999, requiring all art materials sold in the US market to undergo chronic toxicity assessment in accordance with the requirements of the law. These art materials include common stationery items such as crayons, pencils, chalk, ink, glue, pigments, canvases, etc. The law stipulates that toxicologists engaged in evaluations must be accredited by the American Society of Toxicologists (ABT). Manufacturers or repackaging sellers of art materials should provide ABT toxicology experts with the ingredient formula of art materials to analyze whether they will produce chronic harmful ingredients to health. In order to enforce the Hazardous Art Materials Labeling Act (LHAMA), the US Consumer Product Safety Commission (CPSC) issued legislation on October 9, 1992, approving ASTM D4236 as a mandatory standard for LHAMA testing.

On the one hand, regarding the definition of artistic materials, on February 13, 1995, the CPSC of the United States issued a legal document defining artistic materials. The following products must not violate LHAMA regulations: (1) pencils, pens, markers, chalk, etc. that can be used for general purposes and not necessarily only for artistic purposes; (2) Auxiliary tools and devices used in artistic creation; Surface materials, such as colored books and canvas.

However, whether it is defined as an artistic material does not solely depend on the product itself. CPSC considers multiple factors when determining whether it is an artistic material, including packaging, market ownership, and sales location.

On the other hand, starting from August 13, 1995, regardless of whether paint, colored pencils, glue, etc. are sold as part of art, crafts, models, or collectibles, or sold separately, as long as they can be used on art, crafts, models, or collectibles, CPSC will require them to comply with LAHMA requirements. After being evaluated by recognized ABT toxicologists, if the product has the potential to cause chronic toxicity that is detrimental to health, LHAMA stipulates that the following labeling must be made:

(1) There is a warning word

(2) Expression of potential danger

(3) Name of Chronic Hazardous Ingredient

(4) Security Handling Instructions

(5) Allergy ingredient name

(6) Ways to obtain health information materials

(7) If necessary, more detailed technical data should be added to the supplementary documents

It is also important to note that even if artistic materials or products do not have chronic toxicity, the "Conform to ASTM D4236" logo should be printed on the packaging and products to make it clear to consumers that the product they are purchasing meets the requirements.

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The United States is the main destination country for the export of Chinese art products, and many toys and children's drawing materials can be subject to LHAMA control. Therefore, conducting LHAMA testing is a requirement that must be met for this type of toy art material. Some laboratories of China's entry-exit inspection and quarantine system have been conducting testing in this area for many years to support the export of toy art products from China. Due to the requirement of LHAMA testing to be conducted by toxicology experts recognized by ABT in the United States, the testing cost is expensive and the testing cycle is long, which has a significant impact on some weak small and medium-sized enterprises.

Compliance requirements of e-commerce platforms for LHAMA

Recently, e-commerce platforms have strengthened the supervision of toy and stationery products and imposed mandatory requirements on LHAMA&TRA.

Product type: All art materials sold on the US site, including pigments, crayons, glue, ink, chalk, canvas, clay, stamp ink, etc., especially art materials for children (such as finger paint, brush sets, etc.).

Regulatory Basis: Must comply with ASTM D4236 standard and CPSC regulation 16 CFR 1500.14 (b) (8), undergo toxicological assessment (TRA), and be audited by an ABT certified toxicologist.

Mandatory labeling: The product packaging and body must be clearly labeled with the words "Conform to ASTM D4236" (compliant with ASTM D4236), and the font must be easy to read and permanently attached (printing is better than stickers).

Risk Warning: If the material contains chronic toxic components (such as lead and formaldehyde), additional warning words (such as "Warning") should be labeled; Specific hazard description (such as "Long term exposure may cause respiratory system damage"); Guidelines for safe use.

Testing report: ASTM D4236 testing report is required to prove that the product has passed the toxicity assessment.

Toxicologist's statement: The toxicology assessment report signed by ABT (Approved Board Toxicologist) confirms the safety of the material.

The difference between TRA and LHAMA

TRA is used to evaluate acute and chronic toxicity, not only for art materials, but also for toys, infant and child products, cosmetics, and other products. TRA requirements exist in regions such as the European Union, the United States, Canada, the United Kingdom, and Australia. LHAMA evaluates chronic toxicity and only applies to art materials exported to the United States. LHAMA requires a certified toxicologist (DABT) from the United States to review product formulations. In addition to the Certified Toxicologist (DABT) in the United States, other countries have their own requirements for TRA, such as the European Union Registered Toxicologist (ERT) and the UK Registered Toxicologist (UKRT), which require formula review of products according to the standards of each country.

The association between TRA and LHAMA

LHAMA is not included in TRA. Products exported to the United States undergo TRA evaluation first, and then further determine whether the product complies with ASTM D4236. This shows that LHAMA and TRA are closely related.

Shenzhen Element Testing Co., Ltd. is a toxicologist accredited by the American Society of Toxicology (ABT) and can provide LHAMA&TRA services to customers.