Contract law of course applies to the acquisition of tangible materials for use in the making of art. As Steve Kurtz found, there may also be national security concerns that prohibit the use of particular materials in the making of art. Largely, however, the law intervenes in the use of tangible materials when there are health and/or environmental hazards. Both federal and state law apply. As with content restrictions in the area of obscenity, particular concerns about the sensitivity of children to such hazards has driven development of law in this area.
An overview of the legal situation regarding the use of arts materials.
Trueart.info [www.trueart.info]
Steve Saitzyk/Art Hardware: The Definitive Guide to Artists’ Materials – Overview of materials
The Labeling of Hazardous Art Materials Act requires all materials used in art to be reviewed for possible hazards to health, and that they should be labelled.
Consumer Product Safety Commission [www.cpsc.gov]
Consumer Product Safety Commission/Law Requires Review and Labeling of Art Materials including Children’s Art and Drawing Products
State-level laws regarding possible health hazards are often particularly restrictive when the materials are to be used in primary and secondary school classrooms. The State of California has provided national leadership on this problem. Items on their list that cannot be purchased for use in K-6 classrooms also identify materials that can put older artists at risk as well.
California Office of Environmental Health Hazard Assessment [www.oehha.ca.gov]
Office of Environmental Health Hazard Assessment/Guidelines for the Safe Use of Art and Craft Materials
Guidelines:
List:
Once materials have been acquired for use in the classroom, guidelines regarding their use can also help protect users from health and environmental hazards.
California Office of Environmental Health Hazard Assessment [www.oehha.ca.gov]
Office of Environmental Health Hazard Assessment/Guidelines for the Safe Use of Art and Craft Materials
There is now a certification process that determines whether or not particular art materials conform with federal legal requirements regarding possible health hazards from art materials.
Art & Creative Materials Institute [www.acminet.org]
Art & Creative Materials Institute/Fact Sheet
A searchable database of information about how to comply with a variety of environmental and safety regulations that apply to studio and presentation activities by artists.
City of Tucson’s Environmental Management Division [www.ci.tucson.az.us]
City of Tucson/Health & Safety in the Arts
This portal links to a variety of databases that can be searched to find data regarding the safety of any given material you are considering using in an artwork. Occupational Health and Safety regulations, among others, apply.
Interactive Learning Paradigms, Incorporated
Rob Toreki/Where to Find Material Safety Data Sheets on the Internet
Links to analyses of the specific health hazards introduced by various materials and practices, with explanations of how to ensure that materials are being used safely and in compliance with the law.
Trueart.info [www.trueart.info]
Trueart.info/Hazards