Thank you for your company's interest in joining The Art and Creative Materials Institute (ACMI).
Below is information on becoming an Active Member/Subscriber of ACMI.
On November 18, 1990, the Labeling of Hazardous Art Materials Act (Public Law 100-695) went into effect. This law amends the Federal Hazardous Substances Act (FHSA) to require art and craft materials manufacturers to evaluate their products for their ability to cause chronic illness and to place labels on those that do. FHSA already required manufacturers to evaluate and label for acute hazards. The law enacts ASTM D-4236, a standard for evaluating chronic hazards already in use by 85-90% of the art and craft materials manufacturers, and provides for enacting any future revisions to it. The law requires the Consumer Product Safety Commission (CPSC) to develop guidelines for evaluation criteria for toxicologists to use under ASTM D-4236 and to develop and distribute educational information about art materials. The law requires a statement on the label of a product with a chronic hazard potential that it is inappropriate for children and prohibits the purchase of such an art material for use in grades K-6.
In addition to the Federal law, seven states - California, Connecticut, Florida, Illinois, Oregon, Tennessee and Virginia - have varying labeling and/or school purchase laws to which manufacturers must comply, and these are all currently in effect. At the present time, all seven states are accepting most ACMI- certified products for grade 7-12, and most ACMI-certified non-toxic products for grades K-6. These state laws also provide that an art material is properly labeled if it is in compliance to ASTM D-4236 unless that state deems otherwise. The Art and Creative Materials Institute, Inc. (ACMI) certifies that its members' approved products do comply with ASTM D-4236. Other manufacturers who independently of ACMI certify compliance to D-4236 have to deal individually with states to have their products accepted. Also, we have been hearing reports of schools and school districts in states without laws forming their own lists of approved materials, and most have specified these lists include ACMI-certified products.
We direct your attention to the Membership Introduction Manual, which explains the membership process and the basic process for certification. We require that you review the Manual of Procedure, which gives specifics about the certification program. Please note, as explained on page 4 of the Manual of Procedure, that ACMI does not certify products intended for use on the skin (i.e. face paints, hand cleaners, "tattoo" markers, nail paints/polishes, etc.). Products which are intended for use on the skin are regulated by the Food and Drug Administration (FDA) under the requirements of the Federal Food, Drug and Cosmetic Act and the regulations issued thereunder. Also, please note that, after a company's membership has been terminated or a company resigns from ACMI, its products cannot carry the ACMI Seals and their Toxicological Evaluation and ACMI's Certification will no longer be valid for compliance to ASTM D4236, LHAMA, and state labeling laws. To view a list of ACMI members, click here, and to view a list of ACMI-certified products, click here. Please refer to the membership information sheet (pg. 6 of the Membership Introduction Manual) to determine which category is appropriate for you.
The cost of the program includes an initial payment of $500 (subscription fee). In addition, each subscribing member pays annual dues, which are based on the U.S. sales of all products eligible (mandatory) for the ACMI certification program. Please note that "industrial use" sales (for a product such as glue for example) need not be included when reporting your U.S. sales figures. Annual dues are calculated according to the following formula: 50/100 of 1% for the first two million of U.S. sales of eligible products; then 25.8/100 of 1% for the next three million of such sales; then 13.4/100 of 1% for the next three million; and 10/100 of 1% for the excess, with a minimum dues amount of $1000 and a maximum dues amount of $50,000.
Subscribers pay Duke University Occupational Health Services directly for the evaluation of products, additional colors, formula changes and name changes of products. An estimate of the cost of evaluation of new products is available upon request from Duke University. These changes may be discussed in more detail with ACMI’s toxicology team at Duke in advance. Initial contact should be made through Caroline Rourk, Program Director, at:
Duke University Medical Center
Division of Occupational Health Services
Mailing Address: Box 3834, Durham, NC 27710
Express Delivery: 2200 West Main Street, Suite 400., Durham, NC 27705
Telephone: (919) 681-6535 Fax: (919) 286-5647
E-mail: caroline.rourk@duke.edu
Members who wish to have their products tested for performance at an accredited laboratory will pay an additional fee to that lab (this is necessary in order to obtain the AP Seal with Performance Certification).
To join ACMI, please return two signed original copies of the Subscription Agreement, a completed Membership Application, a current catalog (with prices blacked out) and list of art and craft materials not in this catalog (if any), and a check for $500. If your company does not have a catalog, please submit a list of your products along with a letter stating that your company does not have a catalog and that the list of products submitted are the only art materials your company manufactures. Please mark any products that are not sold in the U.S. and any products you feel are inappropriate for the certification program. We will then analyze your catalog and/or list to determine which products are appropriate to be certified in our program.
We will send you a list of these products and ask you to send the appropriate sales figures to our accountant. Sales figures are completely confidential between the member and the accountant. These steps will need to be completed within three months of beginning the application process, or you forfeit your subscription fee payment of $500.
As soon as the accountant receives your sales figures, we will send you information and instructions on how to have your products analyzed by the toxicologist. Your initial membership dues invoice will be issued after sales figures are received by the accountant, and payment is due within 60 days.
Our Board of Directors will be informed of recently approved membership applications, including the new members' product lines, provided the information is not confidential. If any of your products referenced in your application and materials submitted relates to products in development or new products not yet marketed, please designate that as "CONFIDENTIAL INFORMATION - FOR REVIEW BY ACMI STAFF ONLY."
If you are supplying to ACMI anything else that you expect to be treated as "CONFIDENTIAL INFORMATION," please advise us at the time of submission of the information.
ACMI certification provides valuable and needed information to users about the safe use of art materials. We are encouraging all manufacturers of art materials to join the program to provide uniform health and safe use labeling. ACMI certification provides manufacturers with the assurance that products have been evaluated and are properly labeled. ACMI also provides a liaison with states that have labeling and school purchase laws and monitors the introduction of such legislation in other states. ACMI urges consumers to look for and purchase products with the ACMI Seals. Please refer to the previously referenced material for further information on services provided by ACMI.
We hope you will decide to participate in ACMI and look forward to hearing from you.
Thank you,
Barbara W. Weyant, Executive Director
The Art & Creative Materials Institute, Inc.
E-mail address: BWeyant@ACMIart.org
