CDA Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under the Toxic Substances Control Act (TSCA), which action is required before a decorative artist uses a newly formulated paint medium not previously listed in the TSCA inventory?
- File a Pre-Manufacture Notice (PMN) with the EPA (Correct answer)
- Submit a Safety Data Sheet to OSHA
- Obtain a business license from the state
- Register the product with the Consumer Product Safety Commission
Correct answer: File a Pre-Manufacture Notice (PMN) with the EPA
TSCA requires manufacturers or importers of new chemical substances to file a PMN with the EPA at least 90 days before commercial production or importation.
Question 2: A decorative artist working in a client's newly constructed home discovers the drywall compound contains crystalline silica dust. Which OSHA standard most directly governs permissible exposure limits in this scenario?
- OSHA 29 CFR 1926.1153 (Silica in Construction) (Correct answer)
- OSHA 29 CFR 1910.1000 (Air Contaminants)
- OSHA 29 CFR 1910.94 (Ventilation)
- OSHA 29 CFR 1926.51 (Sanitation)
Correct answer: OSHA 29 CFR 1926.1153 (Silica in Construction)
OSHA 29 CFR 1926.1153 specifically addresses occupational exposure to respirable crystalline silica in the construction industry with a PEL of 50 µg/m³.
Question 3: Which federal law primarily governs the labeling requirements for decorative art products sold to consumers, requiring manufacturers to list hazardous ingredients and safe-use directions?
- Federal Hazardous Substances Act (FHSA) (Correct answer)
- Occupational Safety and Health Act
- Consumer Product Safety Improvement Act
- Chemical Safety Improvement Act
Correct answer: Federal Hazardous Substances Act (FHSA)
The FHSA requires that hazardous household products, including many art materials, bear precautionary labels disclosing hazards and safe-handling instructions.
Question 4: A decorative artist incorporates an image from a 1985 magazine advertisement into a commissioned mural for a restaurant. Which copyright status most likely applies to this image?
- Protected until 70 years after the author's death (Correct answer)
- In the public domain due to age
- Protected for 25 years from publication only
- Unprotected because it was used commercially
Correct answer: Protected until 70 years after the author's death
Works published after 1977 are protected for the life of the author plus 70 years, so a 1985 advertisement is almost certainly still under copyright.
Question 5: Which type of business structure offers a decorative artist personal liability protection while allowing profits and losses to pass through directly to personal income tax returns?
- Limited Liability Company (LLC) (Correct answer)
- Sole proprietorship
- C-Corporation
- General partnership
Correct answer: Limited Liability Company (LLC)
An LLC shields owners from personal liability for business debts while its default tax treatment passes profits and losses through to the owners' personal returns.
Question 6: When a decorative artist sells original artwork in California, which tax obligation typically applies to the transaction?
- State sales tax collected at point of sale (Correct answer)
- Federal excise tax on luxury goods
- Import duty if sold online
- Capital gains tax paid by the buyer
Correct answer: State sales tax collected at point of sale
California requires sellers of tangible personal property, including original artwork, to collect and remit state sales tax at the applicable rate.
Question 7: A decorative artist applies faux marble finish with a solvent-based product in an enclosed studio. Under OSHA Hazard Communication Standard (HazCom 2012), what document must be readily accessible during application?
- Safety Data Sheet (SDS) (Correct answer)
- Certificate of Analysis (COA)
- Material Specification Sheet (MSS)
- Product Registration Certificate
Correct answer: Safety Data Sheet (SDS)
OSHA's HazCom 2012 (aligned with GHS) requires Safety Data Sheets for all hazardous chemicals to be immediately accessible to employees during their work shifts.
CDA Regulatory Compliance & Legal Framework 2
Under the Toxic Substances Control Act (TSCA), which action is required before a decorative artist uses a newly formulated paint medium not previously listed in the TSCA inventory?