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Clay Weight and Labels
Consumer protection laws are written specifically to protect consumers from fraud. With regards to moist clay sold in the USA there are two specific issues that must be addressed: First and foremost is the labeling of the product. Secondly the weight of the product.
Product Labeling Laws According to the Consumer Product Safety Commission, the Labeling of Hazardous Art Materials Act (Public Law 100-695), as an amendment to the Federal Hazardous Substances Act (FHSA), was written to protect school age children from toxic art products. According to Section 23 of FHSA all art products that may be sold to school age children must be labeled in compliance with ASTM Standard Practice for Labeling Art Materials for Chronic Health Hazards (ASTM D-4236-88), generally referred to as ASTM D-4236. ASTM D-4236 is a labeling practice for art materials that specifies the information that must disclosed be on the product label for all products introduced into interstate commerce on or after November 18, 1990.The key portions of the standard is LABELED and MAY be sold. ASTM D-4236 requires the selling unit to be labeled in compliance with ASTM D-4236 if the product, directly or indirectly, may be marketed or sold to schools or children. The sales of art materials to schools and children which are not labeled in compliance with ASTM D-4236 are prohibited by Public Law 100-695. Because clay vendors can not readily identify parties that may purchase clay privately and donate the clay for use in the school, it is strongly advisable that all clay sold to the public comply with ASTM D-4236. www.astm.org/Standards/D4236.htm
Mississippi Labeling Laws In Mississippi, the Department of Agriculture's Weight and Measure Division, Bureau of Regulatory Services oversees the sales of all consumer products, such as moist clay. The Weight and Measure Division's regulations are quite clear:
How does this apply to moist clay? Mississippi Weight and Measure Regulations apply to any product that is resold by a vendor to be labeled with the product name and description along with the net weight of the product and the name and address of the manufacturer printed on the selling unit. Mississippi Law is applicable to all consumers, not just children.
Other States have similar laws to product their consumers.
www.mdac.state.ms.us/n_library/agency_info/reg_laws/index_regl_subpart4_RS.html
Product Weights As there is no technical or legal standard for a "box of clay", unscrupulous vendors are taking advantage of this lack of standard definition by substituting a smaller quantity to customers through a process generally referred to as "short sizing".In the USA, a common manufacturing and selling unit of clay is 50 pounds. In Canada and Mexico, where metric weights rule, 20 kilos is a common selling unit. 20 kilos is approximately 44 pounds. One form of short sizing occurs when 20 kilo boxes are substituted for 50 lb boxes. Consumers pay nearly the same price but always receive less clay than what is sold by other vendors. In some extreme cases the vendors are even selling 10 kilo or 25 lb boxes for the price of the standard 50 lb box. Unless consumers aggressively compare the product weights the consumer is prone to being deceived. Can the consumer do something to protect themselves from such deceptive actions? Yes ! Stop using the phrase "box" or "carton". Always purchase moist clay by weight and verify the weight printed on the box. By comparing quantity to quantity it makes it much more difficult to be deceived. And remember, all products sold by weight must comply with State laws as well as ASTM D-4236 (if sold or marketed to children or schools).
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