The Writing Instrument Manufacturers Association (WIMA) established a Ink Certification Program effective January 1, 1990. The purpose of the program is to certify that participants' products are labeled in accordance with all state and federal laws pertaining to acute and chronic toxicity. Under the program, writing ink formulations are submitted to a WIMA retained toxicologist for review (subject to a confidentiality agreement). The toxicologist determines what labeling, if any, is required for the formulation.

The need for this type of certification arose as a result of state laws which require that schools purchase only items that have been properly labeled in accordance with ASTM D4236. ASTM D4236 is a voluntary labeling standard developed through the American Society for Testing and Materials (ASTM) and essentially requires that specific warnings be given as to specific hazards. In 1988, Congress, responding to the public concern about this issue, enacted the Labeling of Hazardous Art Materials Act of 1988. Pub. L. No. 100-695. This new federal law adopted the ASTM D4236 standard and requires that the Consumer Product Safety Commission (CPSC) issue chronic hazard guidelines to define the type of chronic concerns raised by state regulatory authorities.

The State of California has also enacted additional legislation requiring warnings and labeling, the so-called Proposition 65 legislation. The Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. This legislation requires warnings on all chemicals listed by the State of California. At present, there are over 400 chemicals on the Proposition 65 list. The warnings required under Proposition 65 are similar to the warnings utilized in the ASTM system. WIMA incorporates into its program the requirements of new laws and regulations as they are enacted. Currently, WIMA is monitoring legislative activity in several states as well as the regulatory proceedings on chronic hazards before the CPSC.

Dr. Woodhall Stopford, MD, MSPH, a renowned toxicologist from the Duke University Occupational Health Department, serves as the PMA medical advisor. Materials cannot be used in PMA approved programs unless they meet very strict requirements. Dr. Stopford's contact information is: phone: 919-286-5744; fax: 919-286-5647; email: woodhall.stopford@duke.edu.