Document 8R5wQx8yDYRjm9Zgp9k55V3Lk

'*MB HUM December 1, 1972 J .*>'1 i PAJj'JY & CJOATirJSa -AEJSiOCJATJO'j'J Honorable Edward M. Kennedy Unifad Statu Senate Wathington, D. C. 20910 I C r ! Dior Si no*or Kennedy; W# greatly appreciated the opportunity to ditcmt with Mr. latei the legitlotion which would omand tho Uad-toud Point Poiwning prevention Act. At the repretenrorive of the manufacturer! of mom than 90 poreant of tha dollar volume of poinn and alliad produett end at tha spokeiman far tha major tupplian pf row motarialt for rhaia produett, wa ora, quite naturally, matt interaind in any propoud Cengrattionol oerion in thit area. r t f5 j j Mott auuradly, the probiam of laad poitoning of children it one requiring toluiion I on o priority batit. We continue to pledge our tupport in thit endeavor. Additionally, [ I would amphoiizo that we have not and will not attempt to place any advene economic j impact on our induttry in a petition paramount to the health of oar Notion1! children. Without quaition, our chlld'an't health mutt now and olwayt be the primary eon- ; tide ration. Actually, ony affective tolution mutt contide* two taparcto and dittinct itituotlont. Tho firtr, which it real, anitting, and identified, it the old Iced-bated paint which it flaking and pooling from tha woilt of older hauting, particularly dilapidated hauling in urban erect. Thit old paint, manufactured yeart ago, contalrwd tubitential amauntt of batic carbonato of lead, an admittedly hazardout tubttence if ingetted in tufficiant quantitioi. Thit eoitting proolam can bo corrected if adequate fundi are provided and priority attention It given re It by outhorlttai In theta areoi where the condition it matt prevalent. ' rS` ' | j` Tha tacond librarian cancernt the paint being manufactured today and itt relation to tha toftty of future generationt. Wa agree that tha lead content of foday'i product thouId bo ter at a level which will net praient a hazard yeart from now after tevoral layart have been applied. A tafa lead-cantont itandard theuld be eitofalithad, thit itandard thould bo vigoroutly enforced, and violator! diligently pratecutad. j' i 1 L * 0007-SWP-036719 * i Honorable Edward M. Kennedy United Store Senore Poge 2. 12/1/72 The reel question then it who* it rhlt soft ttondord? And, o related quesrion which eonnsr be owerloolctd ii whet relationship thould this irondard hove re the ttondord for lead content of points olreody on the wallt (or turfaeet of residential noutingj? The existing Lead-Boted Point Poisoning Prevention Act colls for a 1% level, while the regulations issued by FDA, in effect, reduce this to .5% effective January 1,1973. Without reason to believe that any reduction from the 1% level was necessary, our Association supported this regulatory change as on additional margin of safety and as evidence of good faith. We feel vary strongly, however, that any further reduction should be based on herd scientific data produced by adequate research. There l on absence of such date at this time. The provision in S. 3000, 92d Congress, directing that this reseorch be done by HEW was totally appropriate and would have provided this much needed scientific knowledge. The .06% standard is particularly troublesome to the industry end, I believe, to the housing authorities, it is bated primarily on the work of Dr. Kehoe of Kettering Laboratory, which through extrapolations, interpretations, and assumptions, has be come the basis for the position of tho American Aeademy of Ptdiarrics. H must tie noted that Dr. Kehoe worked with load eeetore, which is very soluble,.end not the kind of lead compounds used in paint today, which ere for toss soluble. This research alto did not invslvo tho aetual feeding of paint chips to any control group. In con trast, other research done by Doctors Gage and Litchfield, which did involve animalfeeding studies of point chips, indicates a much higher level to bo safe. Additionally, the extrapolation from Kshoe's work are based an an assumed absorption rata of 10%, whoieas preliminary studies dona recently in New York, involving animel-feedirigs, indicate en absorption factor of approximately 1%. We also attach significance to the fact that in Octabar 1971, the Director, Division of Haeardaiie Substances and Poison Control, within PDA wrote: "There is no data from scientific studios to show how much load in tho farm of paint chips a child might Ingest par day, nor what frac tion of such doily dost will bo absorbed.... .We am unable to produce epidemiological evidence of lead poisoning oven at 1% in dried paint films or documentary scientific evidence to support a finding that this level is enough to result in overt symptoms of load poisoning." Tho point is, there is on absence of empirical data and to impose en arbitrary standard at this time is, in effect, condemning a product which has not boon fairly tasted. Reseorch is underway which will provide a sound and reasonable bails far legislation, if needed. Our Association hat undertaken a rscorch program, to be conducted by an independent laboratory, involving animat-feedings of paint chips with the ingred ients being mad in modern paints. The test protocols have bean established, with the 0007--SWP--036720 Honorable Edward M. Komwdy Unifad Stefas 5ana>e Pogo 3. 12/1/7* ottisfenca and odvica of FDA, the Bureou of Community Environmental Management (BCEM), leading medical authorities, and others, and -- fha profs et is ongoing. Meaningful results will bo available during 1773, probably within 6 to I montht. Alta, the Institute of Environmental Medicine of New York Univanity Madical Center hot a research program underway, funded by the City of New York. In addition, ir it unde mood that FDA and BCEM have undertaken rtiaorch program of their own. Certainly the scientific knowledge being developed by those studies will providb many of the answers to the questions which enitr today. We urge that any legislation which would reduce the lead level of modern paints below the .3% directed by FDA be based on rha scientific data produced. As you recall, both the Sonata and the House considered this matter in same detail during the 92nd Congress although final enactment was net achieved. The Senate bill provided for a standard of .3% effective January 1, 1973 with an automatic reduction to .069k a year later, end also provided for a research program by HEW to be completed within B months. On rho other hand, the Houso bill provided far the .3% standard only and includid a much-needed federal preemption douse, but mode no provision far research. Wb would welcome and support a measure In the 93rd Congress which combined features from bath of these versions nomaly, establishment of the .3% standard, a federallydirected and fundad research program,, and a provision providing for fadarel preemption with respect to lead standards. Wa would bo plaatad to work with your ttoff In developing such a proposal. The provision for fall federal preemption, similar to that In the Federal Hazardous Substances Act, is of vital concern to our industry. We ate facing an ever-increasing number of differing stare and local standards. Many jurisdictions am adapting measures which vary in content, standard restrictions and affective data. This results in sub stantial burden an interstate commerce, causing unnecessary confusion and impediments to manufacturers moving their products across state linos. Clearly, ana standard, bawd an hard scientific data should larva as the basis nationwide. It is strongly urged that a preemption clause be included in any legislation an this subjscr. L j r j. [ L ( s PI ! | ? '' j j l. - 0007-SWP-Q36721 61 E 0007-SWP-000118038 Honoroble Edward M. Kennedy Uni tod Stotos Senate fwi d. ___________ 12/1/72 We art delighted with the kind oftor of Mr. Botoi to moot with us again in the ntar future to discuss tha mottor further and answer any questions concerning out position. Such discussion con bo helpful to us ail in arriving or solutions to this pressing problem, andwe welcome it mast gratefully. Sincerely. Robert A. Roland Robert A. Poland Executive Vice President RAR/rw NB J j | e } j j ' i > t f I * f 0007--SWP-036722 C 6 \ i i 0007-SWP-000118039 RECOMMENDED AME NOME NTS Substitute for Suhseetions {*), (y), and (x) of Section t the following; No parson shall knowingly soil, offer for sol*, apply O' eausa to ba applied lead-based poinr or similar surface cooring materiel, monufecrurod after rho effective date of rhis Act, Inrondad far uso on rha following surfaces or articles: 0) interior surfocos of any dwelling; (2) exterior surfaces of a dwelling which are readily accessible ro children under 7 years of age, such as stairs, decks, porches, rollings, windows end doors; C3) toys or orher articles intended for use by children; (4) residential furniture, and (5) cooking, eating and drinking utensils. No person shall knowingly sail or offer for tale any other leod-based paint or similar surface coating material manufactured after the effective date of this At that moy ba purchased by tha genera! public unless the container is dearly labeled as to its intended use end bean an the prin cipal display panel the ward "WARNING" and the following statement: "CONTAINS LEAD. DRIED FILM OF THIS PAINT MAY BE HARMFUL IF EATEN OR CHEWED. See ether cautions an (side or back panel." These products shall else boar an their label the fallowing additional statement or its practical equivalent; "Do net apply on toys end other children's articles, furniture, or interior surfaces of any dwel ling or facility which may be occupied or used by children. "Da not apply on these anterior surfaces of dwelling units, such es window sills, perches, stairs, or railings, to which children moy be commonly exposed. "Keep out of the teach of children." The placement, carapicuousneii and contrast of tha above labeling shall ba in accordance with tha requirements of Federal law and regulations issued thamunder. No person shall knowingly sail, expose for sale, deliver, give away or passesi with intent to sell, da liver or give away, any toy or other article intended for use by childnin, residential furniture, cooking, drinking or eating utensil, manufactured after the effective date of this Act to which any lead-based paint or similar surface coating material hat bean eppliad. 0007--SWP-036723 t 0007-SWP-000118040 -2Any paint or other similar surface coating notariat shall b* deemed >a bo lead-based whan it contains load compounds of which tha laod content, calculated as tha natal, is in axessi of fivs -tenths of I par cantun of tha total weight of the contained solids or dried paint film; or such tower standard for.lead content in residential paints as may hereafter be established by Federal low or regulation. (Add appropriate penalty provisions) ; ' ir - r - f - r ' f# S 'nw tlTJM ! 0007-SWP-036724 0007-SWP-000118041