The Pencils and Graphic Instruments (Safety) Regulations 1998

Requirements relating to substances used in pencils, crayons, chalk and other similar articles

5.—(1) Subject to paragraph (3), no person shall supply a pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) which fails to satisfy the requirements of paragraph (2).

(2) The requirements of this paragraph are that a pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) shall not consist of or contain any substance–

(a) in the form of a pencil-lead or stick; and

(b) intended to leave a trace of the substance when the pencil, crayon, chalk or other article is used for writing, drawing or marking,

which–

(i) contains soluble arsenic, cadmium, hexavalent chromium or mercury, or any soluble compound of arsenic, cadmium, hexavalent chromium or mercury, so that the proportion (by weight) of the element calculated as such exceeds 100mg/kg of that substance;

(ii) contains soluble antimony or lead, or any soluble compound of antimony or lead, so that the proportion (by weight) of the element calculated as such exceeds 250mg/kg of that substance; or

(iii) contains soluble barium, or any soluble compound of barium, so that the proportion (by weight) of the element calculated as such exceeds 1000mg/kg of that substance.

(3) Paragraph (1) shall not prohibit the supply of any pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) which fails to satisfy the requirements of paragraph (2) if, although it consists of or contains a substance referred to in paragraph (2) which contains an element or compound also referred to in that paragraph, the element or compound contained in the substance is not capable of being dissolved by following the sample removal/preparation procedure in BS EN 71–3 appropriate to the substance in question.