AUTHORITY: Implementing and authorized by Section 9 of the Toxic Art Supplies in Schools Act (Ill. Rev. Stat. 1987, ch. 122, par. 1601 et seq., in particular 1609) and Section 55.39 of the Civil Administrative Code (Ill. Rev. Stat. 1987, ch. 127, par.55.39).
Section 848.100 Purpose and Applicability
The Toxic Art Supplies in Schools Act requires the Department to develop lists of art or craft materials which cannot be purchased or ordered for use in kindergarten through sixth grade. These lists are distributed by the State Superintendent of Education to all the school districts in Illinois as well as making the lists available to preschools, child care centers, and other businesses and organizations which involve children in the use of art or craft materials. This Part contains the standards for inclusion and removal of a product on the list of products which can not be purchased or ordered by schools as well as the list of materials which can be purchased or ordered.
Section 848.110 Definitions
"Act" means the Toxic Art Supplies in Schools Act (Ill. Rev. Stat. 1987, ch. 122, par. 1601 et seq.)
"Art or Craft Material" means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackagers as being suitable for use in the demonstration or the creation of any work of visual or graphic art in any medium. Such media may include, but need not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather and textile goods.
(Section, 3(a) of the Act)
"Department" means the Illinois Department of Public Health.
(Section 3(e) of the Act)
"Human Carcinogen" means any substance listed as a human carcinogen by the International Agency for research on cancer or by the National Toxicology program of the U.S. Department of Health and Human Services.
(Section 3(b) of the Act)
"Nontoxic" means art or craft materials which have been determined by the Department to be safe for use in grades K through 6.
"Potential Human Carcinogen" means one of the following:
Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the international agency for research on cancer or the national toxicology program of the U.S. Department of Health and Human Services; or
Any chemical shown to be changed by the human body into a human carcinogen. (Section 3(c) of the Act)
"Toxic" means art or craft materials which have been determined by the Department to be hazardous for use in grades K through 6 because it contains an ingredient which is a toxic substance if the ingredient, whether an intentional ingredient or an impurity, constitutes 1% or more by weight of the product.
(Section 3(d) of the Act)
"Toxic Substance" means any of the following:
Human Carcinogens;
Potential Human Carcinogens:
Any substance having a potential for causing a chronic adverse health effect as determined pursuant to the American Society for testing and materials (ASTM) standard D 4236 or latest revision.
For the purposes of this Act, an art or craft material shall be presumed to contain an ingredient which is a toxic substance if the ingredient, whether an intentional ingredient or an impurity, constitutes 1% or more by weight of the product. (Section 3(d) of the Act)