Document 914bVq2q0ODMXLRYq0QVxjoz6

JOSEPH E. KELLER JEROME H- HECKMAN CHARLES M. MEEHAN WILLIAM H BOROHESANI, JR ROBERT R. TIERNAN WAYNE V. BLACK DAVID L, HILL MARTIN W. BERCOVICI LELAND BLAIR PETER M- NEMKOV LAW OFFICES Keller and Heckman USO 17T9 STREET, NT. W. SUITE lOOO WASHINGTON, D. C- 20036 October 25, 1972 Dr. Karl A. Hochschwender American Hoechst Corporation Route 202-206 North Bridgewater Post Office Box 2500 Somerville, New Jersey 08876 TELEPHONE EOS <*6-STOO CABLE ADDRESS RELMAN Re: S. 3419, the "Consumer Product Safety Act;" S. 1478, the "Toxic Substances Control Act of 1972;" and S. 3970, the "Consumer Execu tive Organization Act of 1972" Dear Dr. Hochschwender: Now that the Second Session of the 92nd Congress has adjourned, this letter is to report to you on the status of various pieces of legislation that were being followed by the members of the Society's Food, Drug and Cosmetic Packaging Materials Committee. First of all/ S. 3419, the "Consumer Product Safety Act," was agreed to and passed by both the House and Senate in what essentially was the House's version of the Act. Basically the proposed Act creates an independent regula tory agency, the Consumer Product Safety Com mission, composed of five commissioners, who will have the authority to set product safety standards for consumer products of all types (except for those items already covered by such laws as the Federal Food, Drug and Cosmetic Act, the Federal Insecticide, Fungicide and Rodenticide Act and various statutes covering alcohol and tobacco). The Commission would also have the power to create consumer product safety standards and, in the event of unreasonable hazards, to ban certain products. ASI-PR 0001244 Dr. Karl A. Hochschwender October 25, 1972 Page Two This version, as passed, did not adopt a provision earlier contained in the Senate's Bill whereby the new Commission would receive most of the FDA's regulatory powers over foods and drugs. Instead, the House ver sion was adopted, which basically left FDA with all of its other present powers intact. i The Bill has now been sent to the (President for his signature. However at this jjtime it is uncertain as to whether or not he (Iwill sign the Bill into law. With regard to two other Bills of in terest that did not "make it," Congress did not pass S. 1478 and S. 3970. Actually, S. 1478, the "Toxic Substances Control Act of 1972," did pass both the Senate and the House but the ver sions coming from each chamber were so different that the situation warranted a House-Senate conference--a conference that never took place because time ran out and the Congress adjourned. As you may recall, this Bill would grant power to the Environmental Protection Agency to re quire pre-market testing of new chemical sub stances, testing of certain already-marketed chemicals, and the institution of seizure proceeding for chemical substances that are im minently hazardous. The third Bill of interest, S. 3970, the "Consumer Executive Organization Act of 1972," was "filibustered" to death in the Senate, with the last vote for cloture failing on October 5, 1972. This Bill, which was re labeled from S. 1177 the one originally intro duced, sought to create a Consumer Protection Agency, which was to represent consumers in proceedings before other federal agencies. ASI-pR 0001245 Dr. Karl A. Hochschwender October 25, 1972 Page Three We trust that you will find this brief report informative. We shall follow S. 3419 until it is signed, vetoed or allowed to lapse by the President. In the meantime, if you have any questions or comments regarding any of this legislation, please feel free to contact us. Cordially yours, cc: All Members of the SPI Food, Drug and Cosmetic Packaging Materials Committee ASI-pR 0001246