Document J3EOQXDm9K5n83aJx55BmqwYa

TXLKPHONX HUDSON M1M L-289 Manufacturing Chemists' Association, Inc. (FOOMOKD 1*71) 1825 Connecticut Avenue, N. W. Washington 9, D. C. Meeting of LABELS AND PRECAUTIONARY INFORMATION COMMITTEE Wednesday, September 23 & Thursday, September 24, 1959 The Sheraton-Park Hotel Adams Hamilton Room Washington, D. C. The meeting came to order at 9:00 A.M. on Wednesday, September 23, 1959. MEMBERS PRESENT Chester L. French, Chairman Edward j. Hogan, vice Chairman Ashley Cole (for Dr. T.W. Nale) Joseph T. Gormally Sanford j. Hill Edward J. Masek Harry H. McIntyre John F. Osterritter, Richard F. Philpitt Ralph G. Troup John B. Tuttle Louis J. Waldbauer Nelson E. Wendt M.D. John B. Williamson James D. Kittelton, Secretary Mallinckrodt Chemical Works Allied Chemical Corporation Union Carbide Corporation Pennsalt Chemicals Corporation E. I. du Pont de Nemours & Co., Inc. Diamond Alkali Company The Dow Chemical Company Celanese Corporation of America Olin Mathieson Chemical Corporation J. T. Baker Chemical Company Esso standard Oil company General Aniline & Film Corporation American Potash & Chemical Corporation American Cyanamid Company Manufacturing Chemists' Association, Inc. MEMBERS ABSENT Robert H. Dewey James T. Fuess J. A. Mooney Norman G. White Commercial Solvents Corporation Eastman Organic Chemicals Dept., Distillation Products Industries Food Machinery and Chemical Corporation Shell Chemical Corporation GUESTS | A. G. Cranch I Louis J. Fallon J (September 24-A.M. Only) Celanese Corporation of America Olin Mathieson Chemical Corporation f L-290 John H. Foulger, M.D. Alexander B. Hawes (September 23-A.M. R. D. Minteer C. Boyd Shaffer G. Robert Sido F. Dallas Sparre Only) E. I. du Pont de Nemours & Co., Inc. Fowler, Leva, Hawes & Symington Monsanto Chemical Company American Cyanamid Company Monsanto Chemical Company E. I. du Pont de Nemours & Co., Inc. The Chairman welcomed the guests who were present and stated that the members who were absent had expressed their regrets. Dr. French pointed out that there was an error in the previ ous minutes on page L-282, under (3) Toxicity Standards, "0.2 of a milligram" should read, "2 milligrams." With this correction. It was moved, seconded and voted THAT, the minutes of May 13-14, 1959 stand approved. 1.2 SUBCOMMITTEE ACTIVITIES (a) Membership The Committee briefly discussed the possibility of a Canadian representative as suggested by Mr. W. W. Hull of Canadian Chemical Company, Limited. It was the consensus of the Committee that the Secretary should consult Mr. Crass and that a Canadian representative should be invited to attend LAPI Committee meetings as a guest prior to full membership. The Chairman pointed out that at the present time, there were four vacancies on the LAPI Committee. The Committee next discussed membership and. It was moved, seconded and voted THAT, the LAPI Committee recommends to the MCA Board of Directors, Mr. Dallas Sparre of E. I. du Pont de Nemours & Co., Inc. be appointed to membership on the LAPI Committee to fill one of the vacancies on the Committee, because of his expert knowledge of the pesticide field and because of the many outstanding contributions which he has made to the work of the Committee. This motion was carried unanimously. L--291 The Committee next discussed applications from Food Machinery and Chemical Corporation, Pennsalt Chemicals Corpora tion and American Cyanamid Company. The Committee concluded that the individuals nominated by these three companies were all competent in the field of precautionary labeling. It was then moved, seconded and voted THAT, the LAPI Committee recommends for appointment to membership on the Committee the following individuals: Mr. Joseph T. Gormally, Pennsalt Chemicals Corporation Mr. J. A. Mooney, Food Machinery and Chemical Corporation Dr. C. Boyd Shaffer, Americcui Cyanamid Company (b) Pesticide Mr. Dallas Sparre said that there was no report at this time. He mentioned the fact that the American Association of Pesticide Control Officials would meet in Washington on October 16 and 17 and that any Committee members interested in pesticides were invited to attend. (c) Dyestuffs Dr. Waldbauer reported that his Dyestuffs Subcommittee was off to a good start. A report on the activities of the Sub committee was distributed. Dr. Waldbauer said that three LAPI members who had been first appointed to membership on the Dyestuffs Subcommittee had named alternates who are technical experts in this field. The Chairman then decided to name these three men to full membership on the Committee. He will notify the following individuals of their selection as members of the Subcommittee. These are: Mr. W. H. Leyking, Allied Chemical Corporation Mr. E. I. Stearns, American Cyanamid Company Mr. F. E. Wagner, E. I. du Pont de Nemours & Co., Inc. L-292 The desirability of distributing dyestuff minutes to the full Committee was discussed and it was concluded that this was not necessary, but that any decisions on labels should be submitted to the Committee. (d) Model Industrial Act and Regulations The Chairman had previously asked Mr. Ralph Troup to serve as Chairman of this Subcommittee, but Mr. Troup thought that in view of his activity on the Revision Subcommittee, he would have to decline. However, Mr. Troup agreed to continue as a member of the Subcommittee. The Chairman then named Mr. Ed Masek of Diamond Alkali as Chairman, and Mr. Masek accepted. (e) Metals Packaging Subcommittee Mr. Nelson Wendt reported that the work of the Metals Packaging Subcommittee was progressing and that they hoped to prepare two labels to be included in the new edition of the LAPI Manual which will be sent to the printer in January. Mr. Wendt said that he would ask that warning label study sheets be filled out. He will send the draft of labels and supporting information to"LAPI Committee members for their approval and comments before the January meeting. The Committee also suggested that it might be desirable for the Metals Subcommittee to draft a label for beryllium oxide which has proven to be quite a problem in Massachusetts. 1.3 ALLIED COMMITTEE ACTIVITIES 1.3.1 CSMA Mr. Hill reported that the CSMA automotive group had discussed the labeling of brake fluids but would not at this time recommend a special precautionary label. It was reported that last May, CSMA had prepared an official recommendation for a label for ethylene glycol. It was also reported that Mr. Ackerly had sent copies of a proposed CSMA aerosol regulation on the testing of aerosols to a nuriber of states and also to New York City. 1.3.2 API Mr. Tuttle reported that the next meeting of the API Labeling Committee would take place on November 8, 1959. At that time, five new labels would be discussed as well as a change in the kerosene label previously recommended. L-293 1.3.3 NPV&L NPV&L has not been officially represented at recent industry meetings called to discuss the Federal Hazardous Sub stances Bills. Dr. Foulger stated that he had been asked to continue on the NPV&L Toxicology Committee. It was mentioned that NPV&L had secured a ruling from the State of Indiana on certain of their products. The Secretary was asked to check with Mr. Dan Ring regarding this. 1.3.4 ACGIH The Chairman stated that Dr. Nale had reported in writing by letter of August 11, 1959, regarding the ACGIH situation. It was the consensus of the Committee that we should continue to work with ACGIH. Committee members were urged to send Dr. Nale any com ments which they may have concerning the proposed ACGIH labeling regulations. 1.3.6 NFPA Harry McIntyre reported that the NFPA Committee on Fire Hazards of Materials met during the second week of September and that progress was being made on a guide for identification of fire ' hazards in processing or storage. This would not apply to materials in transportation. The system has been previously described by Mr. McIntyre and is currently being used by Union Carbide. 1.3.8 AMA The Secretary reported that at the time of the Federal hearing on S. 1283, he had talked to Dr. Conley of AMA who made it clear that AMA would be present at the time of the House hear ing to push their own bill, H. R. 7352. 1.3.9 AIHA -- Exhibit at 1960 Industrial Health Conference The Secretary reported that AIHA had invited MCA to again exhibit at the 1960 Industrial Health Conference. An offer of the Labeling Exhibit which had been used at the 1959 meeting was made. This would be exhibited with posters showing sample labels used by MCA members. AIHA will notify MCA concerning the acceptance of the Exhibit. f 1.3.10 labile Health Service labeling Committee L-294 In the absence of Mr. Joseph Flanagan, there was no report on this activity. The Secretary reported that Mr. Flanagan would give a talk at the Annual Meeting of the American Public Health Associa tion on the subject of precautionary labeling. 1.3.18 Meeting of Association of Food and Drug Administration Officials:____________________________________________________________ It was stated that Dr. Stewart of Florida was not present for all of the meeting. It appears that the Food and Drug Officials will not take any position on pending hazardous substances labeling legislation. 2.0 INTERNATIONAL 2.0.1 ABCM The Chairman reported that he had received a letter from - Mr. -Stevens of the ABCM reminding - Dr. -French that it-was the LAPi Committee's turn to send a representative to Britain to discuss labeling activities with ABCM. This matter will be considered at later meetings. 2.1 FEDERAL LEGISLATION (a) Hazardous Substances Labeling Bill MCA's Federal legislative representative, Mr. James King, reported to the Committee on the current status of the hazardous substances labeling bills, S. 1283 and H. R. 5260. Mr. King said that the Senate hearing want rather smoothly but that the Committee did not report out the bill for a vote by the Senate. It might have done so but for three factors. The first was that the Interstate Commerce Commission had written a letter objecting to some provi sions of the bill. Mr. Ackerly is now working out amendments with ICC and it is expected that these will remove ICC's obj ections. The second point of disagreement was that FDA suggested a Title II to S. 1283 which would extend the coverage of the law to Foods, Drugs, and Cosmetics. The third point of conflict is concerned with the coverage of the bill. It is important that a good state- ment be developed explaining why MCA believes the coverage of the bill should remain as it is rather than extending it as AMA suggests. Mr. King said he believed the chances for passage next year were good in both the Senate and the House. | J I^ 7 | The Committee discussed Title II, consisting of amend ments to the Food, Drug and Cosmetic Act which the Secretary had T L-295 V distributed. The Committee's position was that no formal action I would be taken at the present time pending further study. Any member objecting specifically to the language should write the Chairman. If this becomes a controversial matter, MCA should at tempt to have Title II deleted. The matter of factory inspection was thoroughly discuss ed and Mr. King stressed PDA's strong desire for this provision. Committee members were of the opinion that PDA's right of factory inspection should be restricted and should not permit them to go back to the basic manufacturer. It was finally agreed that with the aid of Mr. King, LAPI Committee representatives would meet with FDA's Officials in an attempt to work out acceptable language on factory inspection. The Committee also agreed that the legislation as far as scope is concerned should remain as it if*. Reasons for this position will be developed. Following discussion on the scope of the bill. It was moved, seconded and voted THAT, the LAPI Committee recommends Jt that the scope of the bill should be continued as it is in the present legisla tion and not extended as the AMA desires. (b) Bureau of Explosives Definitions Mr. Tuttle said that he regretted he was not able to be present at a meeting which Mr. C. H. Mayhood of the MCA staff held concerning the Bureau of Explosives definition changes in the definitions of flammable solids and corrosive liquids. The Committee was critical of the 1096 feature of the corrosive liquids definition, but Mr. Tuttle pointed out that in both definitions, the phrase "under conditions incident to trans portation" appear. 2.2 STATE LEGISLATION 1 2.2.1 California j Mr. Hill said that there was little activity in California J but that he had talked to some of the California Officials who a indicated that they would be able to attend the next MCA conference * on precautionary labeling. M Mr. Hogan again mentioned the fact that there were conm flicts among the various State Departments of California over L--296 acceptable precautionary labeling. The Chairman suggested that the Subcommittee investigate this and report later. 2.2.4 Illinois The Chairman reported that he and the Secretary had at tended a hearing on S. 911 at which time the Model Hazardous Sub stances Labeling Law was substituted for the original bill. S. 911 is now law. S. 912 was also discussed by the Committee. This bill has also become law and established a commission to study the sale of drugs and chemicals including hazardous substances. The Secretary will check with the Illinois Manufacturers Association to ascertain the best method of cooperating with this new Illinois study commission. 2.2.5 Massachusetts It was reported that H. 2402, the antifreeze labeling bill had been pocket vetoed. 2.2.10 Oregon The Committee discussed a letter which the Secretary received from Dr. Sullivan of Oregon regarding a label for Methyl Ethyl Ketone Peroxide. This was thoroughly discussed and it was concluded that the Secretary suggest to Dr. Sullivan that he contact the manu facturer and urge him to prepare his label for MEK Peroxide in accordance with LAPI principles. Mr. Kittelton said that he would call Dr. Sullivan as suggested by Mr. Sanford Hill. 2.2.18 Washington Mr. Hill said that there was nothing new to report. Interested Washington industrial representatives are hopeful of a precautionary labeling bill being passed at the next Session of the Washington Legislature. 2.2.25 Indiana Indiana has forms available for filing under the new law which becomes effective on January 1, 1960. Any MCA member having products subject to the Indiana law were urged to write Indiana requesting these forms. There may be a question as to what constitutes a hazardous ingredient, but this has not been ruled on by Indiana. f ] i VI I L-297 2.2.35 Rhode Island Committee members discussed the passage of H. 1X48 which concerns a study commission on the sale of hazardous chemicals. This bill was passed in order to study how children obtain the necessary ingredients to make rockets. However, the wording of the bill is broad and possibly could be extended to authorize additional investigations. 2.3 CITY REGULATIONS 2.3.1 New York City Health Code (a) Problems Raised bv New Code Mr. Masek of Diamond Alkali said he believed there were a number of problems raised by the new Code. Mr. Scriba has previously pointed out some of these. Committee members said that it was not clear whether industrial chemicals are covered by the Code and Mr. Trichter has not ruled on this point. There was some, discussion by the Committee about MCA writing for an interpretation on this point, but a final decision was not made. It was pointed out, however, that there is a proviso in the New York City Code that if a chemical is labeled in accord ance with applicable state or Federal law, such labeling would comply with the New York' City Code. Since New York State has a regulation modeled after-LAPI principles, most Committee members were not too concerned. 3.0 LABELS -- SAFETY DATA SHEETS 3.66 Benzoyl Peroxide Mr. Sparre said that a Medical Section on this product was not yet available. 3.69 Boron Hydrides Mr. Wendt said that he had not seen any additional informa tion since May 22. This draft did not contain a Medical Section. 3.71 Methyl and Ethyl Acrylates Mr. Sparre said that he now had labels from the manu facturers of these products and that he would carefully consider L-298 all of them and prepare a composite label and refer it back to the manufacturers for their opinion. Following this, the label will be sent to the LAPI Committee for a vote . 3.75 Diethvlenetriamine The Subcommittee, consisting of Mr. Harry H. McIntyre and Dr. Thomas W. Nale, recommended that the label appearing in the Manual be retained. Following this recommendation. It was moved, seconded and voted THAT, the Subcommittee's report is accepted and that the labeling now appearing in the Manual be recommend ed for inclusion in the safety data sheet. It was further moved, seconded and voted " THAT, the Revision Subcommittee con sider the statement concerning "Prompt Medical Attention," since some labels now merely state "Get Medical Attention." 4.0 NEW AMD REVISED LABELS 4.14 Oxalic Acid Mr. McIntyre's letter of July 24, 1959, concerning the label for Oxalic Acid was discussed and Mr. McIntyre emphasized that the illustrative labels appearing in Part II are written for industrial use. Thus, accidental ingestion is less of a hazard than in the household field. The Chairman suggested that the Revision Subcommittee consider this point. 5.0 REVISION OF MANUAL L-l (a) Report of Fifth Revision Subcommittee The Chairman of the Fifth Revision Subcommittee distributed a written report which is included as Appendix B to these minutes. Mr. Hogan emphasized that Committee members would receive Part II very shortly from Mr. Troup. Comments and suggestions should be sent promptly to Mr. Hogan. Mr. Hogan said that he felt it would be a good idea to have the Secretary of the General Safety Committee present at the L-299 the January meeting to aid in preparing the revision. Dr. Foulger reported that the Medical Advisory Committee is presently review ing safety data sheets to consider whether the Medical Sections need revision. It was agreed that one full day of the next LAPI Com mittee meeting would be devoted to the revision of the Manual. Mr. Hogan said that his Subcommittee hoped to contact at least two manufacturers of every chemical for which a label appears in Part II and have them fill out a warning label study sheet. All Conn mittee members would then receive copies of the completed study sheets for their files. Mr. John B. Tuttle reported on the progress he was making in revising Part I of the Manual. A brief historical presentation of precautionary labeling will be included. Table I would not be changed but some of the sections of Part I will be rearranged. Mr. Hogan said before the January meeting. Committee members will receive two copies of a draft of Part I. One copy should be returned with corrections or changes and the other copy retained for use at the meeting. Mr. Sparre reported that he planned to follow the same plan as Mr. Troup, but emphasized that the minutes on pesticide labels cure not as complete as those for industrial labels. Mr. Kittelton reported that a Subcommittee of the Chemi cal Packaging Committee was considering the section in Part I re lating to "Container Handling and Storage." As soon as any recommendations are forthcoming, these will be sent by the Secretary to Mr. Tuttle and Mr. Hogan. 6.0 LABELING CONFERENCE (a) Possible 1960 Conference The Committee discussed the possibility of holding a conference in 1960. Mr. Tuttle pointed out that the American Management Association was still interested in a two-day seminar on precautionary labeling. After this discussion. It was moved, seconded and voted THAT, the LAPI Committee recommends that a precautionary labeling conference be held during 1960. It was agreed that a decision regarding a location would be made at the January meeting of the LAPI Committee and that L-300 CSMA should be invited to participate actively in the conference. MISCELLANEOUS (a) Boeing Manual for Warning Label Preparation Committee members discussed the Boeing Manual and Mr. Hill cautioned against using it- He said that there were some departures from LAPI principles, but that it apparently fills a need at Boeing. (b) Placarding of Tank Cars Committee members thoroughly discussed this subject and it was pointed out that it was not a new subject. At the present time, many MCA members are doing this in some way. The Chairman expressed the view that perhaps some recommendation should be in cluded in the LAPI Manual on the subject. Dr. French appointed the following Subcommittee to look into this matter and to prepare a recommendation: Dr. Waldbauer, Chairman Mr.-Edward-J. Hogan Mr. R. D. Minteer (c) Frank Low Fund The Secretary said that he had received a total of $60.00 for the Frank Low Fund. This money will be used to purchase books for the Chemists' Club Library in New York City. There may be a small additional amount available after all the expenses are paid for the tribute to Mr. Williamson and Dr. Foulger. (d) Labeling of Chemicals in Laboratories The Committee heard a brief discussion from Dr. Oaterritter of his company's program of labeling laboratory chemicals. Committee meiribers observed samples of labels which Celanese is using at one of their laboratories. It was mentioned that a brief account of this appeared in the May issue of the American Paint Journal. The Secretary will send a copy of this to Committee members. The consensus was that brief mention should be made in the next edition of the Warning Labels Manual regarding the labeling of laboratory chemicals. (e) Public Relations Activities The Secretary reported that Mr. Charles Wallace of the MCA Public Relations Staff had aided a local writer in preparing an L-301 editorial on precautionary labeling. This was entitled, "Labels can save Lives." Mr. Kittelton said that to-date, about thirty clippings were available and that it was believed additional ones would be received. The Committee requested that the Secretary relay to the MCA Public Relations Department its thanks for this fine work and to suggest that if possible, a similar editorial be prepared in another six months or so when the legislation is again being con sidered by Congress. (f) Poison Proofing Your Home It was suggested that the Secretary write Johnson and Johnson complimenting them on the publication of this booklet and suggesting that the next edition contain additional recommendations for reading the label. (g) XIII International Congress on Occupational Health The Chairman reported that two speakers on industrial label ing would be included on the program of the Congress. Dr. Nale will present one on some aspect of -industrial toxicology-or health and Dr. L. J. Waldbauer will present a paper on the principles of pre cautionary labeling. (h) Next Meeting of Committee It was agreed that the next meeting of the Committee would take place on Tuesday, Wednesday and Thursday, January 19, 20 and 21, 1960 in Washington D. C. at the Sheraton-Park Hotel. Minutes Subject to Approval October 7, 1959 JDK/jmb Attachment James D. Kittelton, Secretary Labels and Precautionary Information Committee APPENDIX A TRIBUTE TO DR. JOHN F. FOULGER AND MR. JOHN B. WILLIAMSON On the evening of September 23# the Committee had dinner in the Blue Room of the Shoreham Hotel in Washington, D. C. and honored Dr. Poulger and Mr. Williamson, two retiring members of the Committee. Silver trays and gifts were presented to both Dr. Poulger and Mr. Williamson. The inscription on Dr. Poulger's tray read as follows: To Dr. J. P. Poulger In Appreciation For Dedicated Service From LAPI Committee 1947-59 The inscription on Mr. Williamson's tray read as follows: To J. B. Williamson In Appreciation For Dedicated Service Prom LAPI Committee Chairman 1956-58 Member 1949-59 Both retiring Committee members expressed their gratitude and appreciation to the Committee. The Chairman of the Committee, Dr. French, in reply, ex pressed the profound regrets of the LAPI Committee in the retirement of two long-time and valuable members of the Committee. October 7, 1959 O P __Y APPENDIX B September 23, 1959 Mr. Chester L. French, Chairman labels and Precautionary Information Committee Sheraton Park Hotel Washington, D. C. SUBJECT: REPORT OF LAPI MANUAL REVISION SUBCOMMITTEE The subject committee reports definite progress and activity. The initial review of Part II by Mr. Ralph Troup has been prepared and is now being reviewed by the Subcommittee for their review and consideration. Parts I and III are presently in process and initial presenta tions will be made to LAPI Committee membership before the end of October, 1959. By October 1st all LAPI members will receive a complete copy of the Part II basic revisions. As you see, Mr. Ralph Troup has completed an excellent job of presentation. The presentation is a complete listing of all caution state ments considered by the LAPI Committee, as covered in the Committee minutes. With each caution statement you will find reference nota tions that will lead you to cross references in LAPI meeting minutes. Some changes in nomenclature have been made and the order of ap pearance reflects these changes. You will find specific comments throughout the pages covering recommended changes or adjustments for your consideration. The Subcommittee recommends that you review Part II as soon as practical considering all comments and if you have any recommenda tions or suggestions that could be useful to the Subcommittee in future discussions, please send them promptly to the Subcommittee Chairman. It is further recommended that you retain this presenta tion, considering it as your work sheets when the full LAPI Committee meets to consider and approve revisions in the LAPI Manual. You cam add your own reference notes, flash points, LD-50 data or anything else which you may decide would then prove helpful in our general discussions. Dallas Sparre Ralph Troup . John Tuttle Copied by MCA Edward Hogan, Chairman .October 7, 1959 John Williamson, (House Guest)