Document GKQk9vmba78KzEEODbL5yOVOm

Lh(jAL & LEGISLATIVE BULLETIN No. 8 ooo rvpc January 1?, 1973 n a* ONAw PAiNT | COATINGS ASSOCIATION *m*u# ;s mi M**a 5 OVTt TO TQWCS: A. laod in Mnr -- Raeanr Developments ~1. FDA Lead Order becomes effective or 0.5% 2. FDA proposes exemption for Artists' faints and Ralohtd Morarioli 3. Massachusetts Laod Low becomes affacriva 4. Kentucky extends lima for exemptions to laod low B. FDA REPURCHASE Regulorion C. Poison Prevention fackogingAet -- Srondords for Turpentine, Merhyl Alcohol ond Erhylana Glycol Executive Synopsis This Bulletin raporis raeanr davalopmanls on rha following: A. load in Poinr -- FDA regulation banning points and simitar surfoeo coating morarioli with more than 0.5% load became effective Doeambar 31, 1972, except for those spaciol-purpaaa coatings for which amondmont was roquastod. FDA issues propond regulation to exempt "artists' paints and related materials." (Copy enclosed.) Massachusetts load law -- affective Jongary 1, 1973 -- very broad in scope. Kentucky extends time for exemptions to Its load low. B. Repurchase Repulotion -- FDA issues proposed regulation to implement Section i 5 {of FH5A) on repurchase of banned hazardous substoness (copy enclosed); does not change industry position for goads an the shelf prior to December 31,1 v/T. C. Poimn Prevention Packaging Act -- Child protection packaging standards for proauca containing turpentine and molhyi alcohol finalized; itendord propassd for products eontcining athylono glycol. [Copies enclosed.) CONTACT AT NPCA. Offies of Logoi ond Oowonanont Rotations. ir ** t'. 0007-SWP-036703 N21889 3. MoucchutotH load low become effective Jonuorv 1, ' ?T*3: only limitoo product exemptions granted The Massoehusetts low providing for "A Comprehensive Program of Load Poinf Poisoning Provonr! on and Control'' (Chapter 1061, Laws 1971) bocamo offoerivo on January 1, 1973. This law -- diieussod In doto! I in Logo) Sul lotin No. 76 and in "L&L" Bulletin 7 -- limits the io Io and uso of points and coatings containing moto than 0.5 porcont load. It is vary broad in tcapa and, as explained bolow, tho expected "exemptions" to tho law (similar to tnoso roouosrod of FDA) wore not grantod, tvon aftot indications had boon givon that such action would bo apprsvod. To roviow, NPCA and industry representatives mot with officials of tho Advisory Commirtoa for tho Massachusetts Load Poisoning Prevention Program in boston on November 26, 1972 to discuss the need for exemptions for eoriain product categories. A formal petition for exemptions (similar to tho on# filed with FDA) was filed with the Massachusetts authorities at that time. Although the Chairmen of the Advisory Committee for the Load Poisoning Prevention Program (Mr. Jerome Ashford) advised NPCA by telephone before Christmas that tho membeis of the Advisory Committee hod approved our reeuesl for exemptions with only minor exceptions, tho Regulations *- issued as an "emergency" measure on January 4, 1973 -- take a substantially different approach. The emergency regulations -- which bocamo effective an January 1, 1973 and will remain in effect until Mareh 31, 1973 -- giant the following specific exemptions; "a) Original finish points, not available for sale to general public an retail basis, intended to be feetory-applisd upon manufactured goads which will not ba used in residential premises; b) Automotive, agricultural, end industrial eauipment refinish paints not available for sale to tho general public an a retail basis; c) Industrial, and commercial building, maintenance paints. Ineluding traffic and salary markings paints not available for salt la the ganaral public an a retail basis; d) Graphic art paints (including products marketed tolaly for application to bill boards, road signs and similar u ms , and far identification marking of industrial buildings) not available for sale to the general public an a retail baslst a) Toueh-up paints far metal machinery, appliances, vehicles, or wo torereft, nor available far sola to the ganaral public an a retail basis; f) Exterior marina points not available for rale to the ganaral public on a retail Crtiiw .w g) Exterior rubber-based roof paints net available far sale to the general public on a retail basis; h) Latex exterior primers far wood siding containing extractive* not available far sola so the ganaral public an a retail basil." M2 0007-SWP-036704 0007-SWP-000118021 o* C. Child Protection Pacttaging Stonooras For Turpentine ond Me>hy| Aieoroi Hpo ^zbo ; ircnacros for ethylene Gl vcoi proposed '' ti: 1. Standards for turpentine ond methyl alcohol. Child Protection Pockoging Standards for three additional coregoriet of oroducrs recsn rly hovo boon aoorovad by th Food ond Drug Administration. These regulations -- reauiring sMCiel oackoging under the Poison Pravtntion Packaging Act -- wars finalized bv publication in tn* ederal_Reiiter on Octooor 13, 1972, (Saa "L6L" Bulletin A For ooctcground information on PPA.! These three new stanaards cower the following: o. Methyl Alcohol (37 F.R. 21632) Household substances in liauid form containing A percent or more b)r weight of methyl alcohol (Methanol), other than those packaged in pressurised Spray containers; b. Turpentine (37 F.R, 21635) -- Household substances in liquid form containing 10 percent or more by weight of turpentine; e. Sodium and/or potassium hydroxide (37 F.R. 21633) -- Household substances in dry forms such as gronulei, powder and flakes, containing 10 percent or mate by weight of free or chemically unneutiallsed sodium and/or potassium hydrosids, and all other household substances containing 2 percent or mere by weight of free or chemically unneutrolieed sodium and/or potassium hydroxide. t *r. p,.- . Copies of a. end b. above or# appended hereto for informerion and te facilitate compliance therewith. It should be noted that these special packaging regulations become effective an or about April 12, 1973. (Sea paragraph 3 below.) 2. Proposed standards for ethylene glycol. A Child Protection Pockoging Standard for an additional product category -- for "household substances In liauid form containing 10 percent or mare by weight of ethylene glycol" ~ was published in the Federal Register on December 20, 1972. This is a eroewsd standard, and comments are invited far e period of 60 days from dale of publication. (Copy enclosed For informerion.) u-\. c '-.t / 3. Complioncs with Child Protection feckoging Stondordi. It should bo etnphosiied that regulations for special packaging of certain household substances under the tolson Prevention focksging Act apply only to products pockogod after the effective dote of the roQuIoHon. Thus, shall stocks are not affected. pass? Wi !?V* TJ .'Sv V.. ' *. a .-..-*,-; V. .'- Rjgarakt 0007--SWP-036705 ^ 0007-SWP-000118022 *-rrw - However, rOA hat made if eieor mot if is r> 'SDonibili'y of "Onufserjrerj * mom "imeiv arrangements For and fa ansura that ooeauore stoats or sofe'v containers ora ovoi >cc)e For mcr've'i-g afrar fhe effective dore of rhe regulation. FDA hat repeatedly trarae mar no extensions of rime ora likely >n fha future due to unavoilobiliry of special pacraging For rhe raeton that a tubtrorrial number of manufactured of special-packaging containers and/or closures therefor have advised FDA l mot they ota prepored to provide vno*over stocks moy so resulted. tFDA hos provided NPCA with e list of the above manufacturers, ana this information will be provided the memoersnip upon reauesr.} ** Members are reminded to note carefully the specific language of Section 295.2 'Vi in the srondords for turpenfino and methyl alcohol (appended! which require that samples of spociol packaging be provided the Commissioner (FDA). Sueh samples should be shipped to FDA prior to putting the special packaging on the market. FDA may acknowledge receipt of such samples, bur -- no provision has been moaa for certifying accepranca or suitability, it is understood that this requirement was written into the law to ensure that FDA was cognisant of tha typo* and sizas of containers used. No spociol label is reauired unless o "non-complying" pockoga is includad in the inventory. In such case, rne non-complying peerage must contain an its label the following additional slatomant: "This pockoga for heuiaheldi without young children." A. Outlook for additional child protection packaging standards. In addition to tha siendaid proposed and still ponding far "paiticidas -- products classified as economic poisons end requiring registration under FIFRA," published in the Federal Register on September 14, 1972 (see "L41" Bulletin 6), it is understood that .a standard is being prepared 'o caver "point solvents -- products containing petroleum distillates." This proposed standard moy be discussed at the ne*t mooting of the Secretary's (HEW) Technical Advisory Committee, scheduled to bo holder the Gfomercy Inn in Washington, D.C. on Fobruary 1 and 2, 1973. This is o public hearing, end NFCA staff representatives will attend. , P: r- I-1?**. fgg- JMMtrw Attachments . V- ' XT 0007-SHF-03 6706 0007-SWP-000118023 f ttfti Illinois Proposes .06% Lead Level On January 10 * load Foisoninq Control Act was .ntroducad m rna Illinois Sonsto wn would isquiro a 06% lid vol i poinri two . mo ji ittti Otcotnoor 31 *17] In summon? tno bill K Oolmos ;m Oaarmp lubrtanct* M any pawn pllsitr or otnor malarial eomammq mot* than 06% load by woigni lesieuistsd as toad moiau m mo imm non-voiama eoniam at liquid, oamis or mois than I myltpiam par sduam cantimotst .n tnq Onad film of paint prauioiniy aopiiad 2) From#** uaa or aoobcation qf load bmmn# uiaaiancaa m or upon at any aipoaad manor surface of a dwedutp. JM tna fimumo or otnar anew uaad lor mtandad n ba). mstadod or located m or upon any osaosad mionor surface of o dwelling. o< cl any loy or tumwum. 3) Fmntata saw or oflsnng lor saw of any toys, furniture. liaturoa or oinar stanco. 41 FrahtOna scaping, saam#. offering lot saw. or fiannfi away af any pamt can aanna mom than 06% Mod unfosa * by Fadoral raouiatian or mi dm ansanro of radanf rspwaoon. ow Wdowinp warning sratamom. Am 1 I July 1. 671 m Chiaapa. Dm am a inoaitaiaiona won tno Moron II. U71 FOA Omar. a 8% Wad cantam i oMacmm jammy I. 1673. am The Oat J tnactad in its prosam farm wasdd dotomo adasawa January 1.it?* vxJVftyl 0007--SMP-036707 a. ILLINOIS 4JE&4ttML SdVdial bill* am ctlll under consideration by the Illinois lepillirura, the matt signifleant bains H.I. 7M, iponrgrod by lb# llllnoi* DopdiMtonf af hklic HfdlHi, and S. 009. H.|. 794 hoi posted tha Houtos boon approved by Ilia eanlaanl Sonata Commlltoa, and it now raady for Sonata floor action. It provide! far a 0.01% tundoid affective January 1, 1174. Whiio wo have aswancd* from tha Health Dopartmonr officials eoncaminp conaln favorable amendments ilabolinp, taitrictions on uio. ore.}, they inoUr on tha 0-.06%. S. 009 ho* pouod lha Sonata and it now under contidotation in iho haute. It is lha moot.favorable of all tha bill* and, pfhcrtve January 1, 1974, would establish a 0.3% standard or such lower standard os is established at lha federal loval. 0007-SWP-000118024 b. Srou -- ILLINOIS Ugot end Lsgislotive Bulletins No. It and 12 and o number of State Legislation Alerts novo rtoowd on developments concerning the several "lead-based- point bill* undor consideration in Illinois. A* introduced, oil of these bills provided for a 0.06% load content standard and, in varying dogioos*, contained other provisions (lob*ling, etc.) which watt unfavorable. In fact, the host of the grove was modeled very closely after the Chicago ordinance. Cj Oj UTO 7-9-77 Wo ere very pleased to report that the bill which was finally enacted and wHieh has bean forwarded to the Governor for approval, H.B. 79*, contains virtually all the amendments we advocated. H.B. 794 was the measure spateored by the Illinois Department of Public Health and, whan introduced, was by far the most restrictive and advatsa. A detailed analysis will bo prepared whan we receive our copy of the final, approved version. It is clear, however, that rho final version included the following industrysupported a. Lead content standard effective January 1, 1974 of 0.9% or such lower standard as may bo established later at the federal level. b. Labeling requirements limited to thero products wMehmoybss purchoMd by the gsnaral public. The label must be as prescribed Tsy-CTeratwiulanarorT In the absence of such regulation, the alternate label ptaMribad in the law. The precisa wording will bo published es toon as available. Advance information Indicates that it tht same or very siaillar to Racammandad Label Na. 14. c. Dotation of the prohibition of usa of had bearing substances (more than 0.9% lead) an recreation end playground equipment end cer tain exterior surfaces. Upon approval by the Gavemar, this wilt bring to a highly tvcceuful conclusion situation which started out bad and at times laakad hapolaa. 0007-SWP-036708 0007-SWP-000118025