Document NEBaoqXn261MjdEbYvQdj63Ew

MINUTES OF MEETING LABELS AND PRECAUTIONARY INFORMATION COMMITTEE Hotel New Yorker, New York, N. Y., September 27-2S, 1950 PLAINTIFF'S EXHIBIT CMA-28S Chairman Low called the meeting to order at 10:00 A.M. The following members, alternates and guests were present: F. S. Low, Chairman T. R. Aalto F. Bartenstein G. W. Benbury (Thursday only) G. E. Brewer (Thursday only) A* G. Cranch J. H. Foulger J. T. Fuess S. J. Hill W. A. Knapp R. D. Minteer W. W. Sunderland J. B. Williamson M. F. Crass, Jr. Sec'y D. E. Campbell, Sec'y Alternates: M. D. Madsen (for A. Q. Butler) W. W. Yeager (for G. E. Brewer Guests: G. M. Douthett F. D. Sparre Absent: t J. H. Walker .1. I. ILLINOIS CODE * Mr. Minteer reported on the progress of the Illinois regulations and the meeting with the Illinois Industrial Commission. It was indicated that with only slight revisions the principles as stated in LAPI manual L-l, Warning Labels would be accepted by the Commission. .A proposal had been made to include storing, handling and transportation regulations but it was recommended that this be dropped from the proposed changes. The introduction to the model labeling law prepared by R F. Hansen stressing the need for warning labels was loaned by Mr. Minteer to Mr. Detert of the Illinois Manufacturers Association to be used in drafting proposed regulations. At the request of the LAPI committee members, copies of the paper "History of Labeling" as presented by Mr. Low at the 1949 open forum of the committee held at the New Yorker, will be sent to all members of the committee. H. REVISION OF MANUAL L-l It was moved, seconded and voted: That the chairman of the LAPI committee in consultation with the Secretary of the MCA shall set up a committee to consider revision and additions to the text of Manual L-l. The chairman will consult with Mr. Crass and notice of appointment- yi^ 'be sent out at an early date. Copies of this notice will be sent to all ~ -2- 0f the conmittee in order that they may have on record the name of the committee ^airman and so that they may lay before him any suggestions concerning the revised text for the new edition of the manual. III. COLLABORATION WITH AAS cafMTTTEE ON HAZARDOUS CHEMICALS Attention was called to the report of this committee included in the annual report of the ACS as published in June in Chemical and Engineering News. Mr. Low and Mr, Crass were instructed to write or interview this ACS committee regarding possible collaboration and uniform recommendations concerning labeling on the part of the ACS conmittee and the LAPI. e IV. WASHINGTON MEETING OF -ASSOCIATION OP BCONCMTC POISONS CONTROL OFFICIALS Mr. Crass announced the program of the convention to be held October 7, 1950 at the Shoreham Hotel in Washington,. D. C. Seven members indicated their intention of attending this meeting. V. POST OFFICE REGULATIONS Mr. Crass reported that the Post Office Department, apparently activated as the result of 61 serious fires in mail cars, trucks and storage depots, had amended the Postal laws and regulation referring to "Inflammable Substances". Requirement of tag closed cup tests at 20F and 40F with specific label require ments which in effect prejudice the handling on that basis, will seriously hamper shipments. A further restriction against shipment of poisons having a than 50 mgs. per kilo has been opposed with a suggestion by Mr. Crass to the Post Office Advisory Committee that shipments be allowed under a permit system for poisons having a minimal toxicity between 10 and 50 mgs per kilo. A subcommittee was appointed to draft a suggested amendment to the Post Office Regulations on mailable materials. Mr. J. T. Fuess was named chairman to act with Mr. F. Bartenstein and Mr. Madsen or Butler. VI. NEW YORK CITY FIRE CODE Mr. S. J. Hill reported for the committee which met in New fork on August 9, 1950. The recommendations of the committee were finalized and are appended hereto as Appendix "A". Representatives of the MCA committee are to meet with officials of the city of Hew fork to discuss these proposals. VII. DEFINITION OF COMBUSTIBLE It was moved, seconded and voted: ^ That for labeling purposes any product having a flash point above 80F up to and including 150F Tag. open cup, shall bear the statement of hazard "combustible". It was suggested that the subject of this motion be referred to the traffic conmittee for the purpose of permitting their consultation with other interested agencies. This item is to be continued on the agenda for the next meeting In order that advantage may be taken of any comments or criticisms received from bther interested sources. VIII. USDA LABEL STANDARDS FOR ECONCMIC POISONS Mr. Sparre reported for the committee that generally speaking the LAFI labels were acceptable for registration purposes. There have been some instances where the FDA. has suggested some additions to the text. Notice was taken of the preference for the term "pesticides" instead of the formerly used designation of economic poisons. Action on "flammable" and "combustible" will be continued after final decision by the LAPI committee. IX. CARBON TETRACHLORIDE - MASSACHUSETTS STATTTTK Mr. Low made an oral report and outlined the procedure followed by most of the manufacturers involved which includes the affixing of a label complying with the Massachusetts regulations on all shipments of carbon tetrachloride destined for delivery within the State of Massachusetts. On shipments to jobbers or dealers located in contiguous territories a supply of acceptable Massachusetts labels are forwarded to the dealer or jobber with instructions to affix these labels to any containers being delivered within the State of Massachusetts. X. LABELING SAMPLES OF INVESTIGATIVE MATERIAL FOR FOREIGN MATT,TWO Mr. Williamson presented the problem caused by post office refusal to accept small sample shipments of new products carrying the usual investigational label with the statement concerning the lack of information covering the chemical physical and toxicological properties of the material. The problem has been partially solved or avoided in the U. S, by shipment of samples by express. In the case of foreign samples, however, such express shipment is not generally avail able. The only suggestion was that recourse might be had to the use of air express. XI. TOXICOLOGICAL TESTING Dr. Cranch reported to the committee on the current activities and an extended discussion was conducted on the basis of his report. The question of probable cost and sponsorship of such a project will require complete consideration before a final decision can be reached. The question was discussed of whether financial support from the MCA could be provided or whether local territorial groups of MCA member companies could be encouraged to band themselves together for the purpose of providing the minimum financial support necessary to permit such toxicological agencies to maintain available facilities. It was moved, seconded and voted* That the present subcommittee on this subject is continued and requested to give the subject further consideration and report at the next meeting. All members are also requested to give the subject their serious consideration and con tribute their suggestions to Dr. Cranch, chairman of the conmittee, concerning any possible means of setting up such an agency or agencies. HI. TINTFORM TARCT.TNG The letter dated September 25, 1950, from the Legal Advisory Connittee, Mr. W. G. Reynolds, chairman, to Mr. Lew, and the LAFI committee was read. A general discussion followed of this item, which has been on the agenda for several years. -4- It was moved, seconded and voted? That the LAPI committee request the legal counsel in. the Washington office to provide this committee with a list of states that now have either laws or regu lations controlling the labeling of hazardous chemicals. It was noted that such regulations or authority might be delegated to either the Department of Labor, Department of Health, Department of Safety and/or similar departments, and that any search for such regulations or authority should include all possible avenues. It was moved, seconded and voted: That the LAPI committee appoint Mr. F. Bartenstein chairman of a subconmittee, with power to select his associates from the legal staff of MCA members represented on the LAPI committee, to prepare and submit to this committee before its next meeting a first draft of a proposed "Model Regulations" governing the labeling of hazardous chemicals. This preceding motion was passed in recognition of the fact that several of the states are known to have statuatory authority to promulgate or effect regula tions in one form or another. In order to avoid a confusion of conflicting regulations which might issue under existent authority it was deemed advisable to consider the proposition of uniform regulations. Ihe committee took note of the action by the Legal Advisory Committee as expressed in Mr. Reynolds letter of September 25, 1950, clearing the March 29, 1950, draft of Proposed Uniform State Act of labeling for emergency use only. It was concluded that such release included permission to submit the draft in cases where legislation is impending in any of the various states and where the MCA had been asked to render assistance in the formulation of a suitable act. XIII. NEW AND OLD LABELS A. Ethylene Dibromide idr. Low in association with Mr. Sunderland will prepare a revised label to be submitted to other manufacturers of this item and then to the members of the LAPI committee for discussion. B. Methyl Bromide The present label is satisfactory. C. Sodium Chlorate Mr. Be'nbury agreed to review this label with any other manufacturers and present their recommendations and any necessary revision to the committee. D. Formaldehyde and Paraformaldehyde No change is to be made at the present time. The label should be re considered at the time of any further revision of the safety data sheet. X. Lead Compounds It was decided that no action would be taken until the General Safety Committee has advised regarding the specific lead compounds being considered for preparation of a safety data sheet. _5_ F Flammable fixtures No action suggested other than reference to the New York City Fire Regulations discussion. q. Methyl Chloride Following report by Mr. Hill and Mr, Sunderland and a discussion of changes the label was approved as follows METHYL CHLORIDE WARNING l FLAMMABLE LIQUID AND GAS UNDER PRESSURE VAPOR HARMFUL Use only with adeq9-uate ventilation Avoid breathing vapor Avoid contact with skin Keep away from heat and open flame It was directed that the General Safety Committee be notified of this label for inclusion in the Safety Data Sheet. H. Niter Cake Mr. J. B. Williamson presented the question of text of a suitable label for this material. A subcommittee was appointed with Ur. Williamson as chairman to select his fellow members who will prepare a label for submission to the next meeting. I. Carbon Disulfide The question of antidote statement was referred to the action of the committee at the meeting of May 3~4 1950, item XVIII. Members were advised to bear the information in mind that an antidote statement may not be needed on bulk shipment but may be in cases for insecticide use. The regulations of the FDA committee should be consulted before preparation of labels for use on insecticidal formulae. J. Ethylene Oxide 6- - DANGERJ EXTREMELY FLAMMABLE VAPOR HARMFUL MAI CAUSE BURNS Keep array from heat, sparks and flames Keep container closed Avoid breathing vapor Avoid contact with skin, eyes and clothing In case of contact, immediately remove all contaminated clothing, including shoes, and flush skin or eyes with plenty of water for at least 15 minutes: for eyes, get medical attention. Before using read MCA Chemical Data Sheet No.___ . K. Benzyl Chloride Due to absence of Mr. J. H. Walker of the Hooker Company this item was continued on the agenda for the next meeting. L. Ammonium Perchlorate Mr. Douthett, who presented the question of a suitable label wa3 appointed chairman of a subcommittee to prepare a label in consultation with other producers and present it at the next meeting. - Benzene and Toluene Mr. Bartenstein presented the question of including "Vapor Harmful" in the Toluene label as now found in Benzene but the committee indicated that there was not sufficient evidence at this time to indicate such action. HV. REUSE OF CYANIDE CONTAINERS Dr. Cranch and Mr. Hill reported that the committee has considered several possible solutions of the problem and reached the conclusion that the matter should be brought to the attention of the container committee. It was recommended that whatever warnings were formulated in connection with this subject should be expanded to cover containers of similar hazardous materials. This subject is on the agenda of the Fall meeting of the Container Committee* The committee recommended that Dr. Cranch be invited to attend the container committee's fall meeting as the representative of the 1API committee. Mr. Sunderland reported on a new label being used by the Dow Chemical Company which is put on all used containers to he sold indicating that the con tainer should be thoroughly cleaned before use. It was further considered that a safety manual should contain general and specific instructions on decontamination of containers. -7- The subject was continued on the agenda for further consideration. XV. N.F.P.A. WARNING LABELS FOR CONTAINERS OF FTJlMMABLE MIXTURES Mr. Fuess reported on possible collaboration of the LAPI committee N.F.P.A. in the preparation of suitable warning labels for flammable It was moved, seconded, and votedj That Mr. Crass write the N.F.P.A., directed to Mr. Moulten or Bugbee, suggesting that representatives of N.F.P.A. and LAPI arrange for a meeting to reconcile the differences in proposed labels for flammable materials. XVI. DEFINITION QF CLASS B POISONS The definition of class B poisons as published in the ICC order of August 29, 1950, Docket No. 3666 is included belowt Final Revision of PROPOSED I.C.C. DEFINITION FOR CLASS B POISONS For the purpose of these regulations and except as otherwise pro vided herein Class B poisons are substances, liquids or solids (includ ing pastes and semi-solids), other than Classes A, C, or D poisons which are known to be so toxic to man as to pord a hazard to health during transportation, or which, in the absence of adequate data on human toxicity, are presumed to be toxic to man because they fall within any one of the following categories when tested on laboratory animals* (1) Oral Toxicity. Those which produce death within 48 hours in half or more than half of a group of 10 or more white laboratory rats weighing 200 to 300 grams at a single dose of 50 milligrams or less per kilogram of body weight, when administered orally. (2) Toxicity on Inhalation. Those which produce death within 48 hours in half or more than half of a group of 10 or more white laboratory rats weighing 200 or 300 grams, when inhaled continuously for a period of one hour or less at a concentration of 2 milligrams or less per liter of vapor, mist, or dust, provided such concentration is likely to be encountered by man when the chemical product is used in any reasonable foreseeable manner* 3ft (3) Toxicity by Skin Absorption. Those which produce death within 48 hours in half or more than half of a group of 10 or more rabbits tested at a dosage of 200 milligrams or less per kilogram body weight, when administered by continuous contact with the bare skin for 24 hours or less* The foregoing categories shall not apply if the physical characteris tics or the probable hazards to humans as shown by experience indicate that the substances will not cause serious sickness or death. Neither the display 7 -8- of danger or warning labels pertaining to use nor the toxicity tests set forth above shall prejudice or prohibit the exemption of any substances from the provisions of these regulations. XVII. SODIIM SESQUISILICATE The Philadelphia Quartz Company was apprised of the committees decision as noted in the minutes of the meeting held May 3-4, 1950. They have indicated that the present label has been adaquate. It was therefore ordered and agreed that the experience of Philadelphia Quartz Company should govern and the LiPI label will, if necessary be modified to conform to their recommendations. XVIII. NEXT MEETING It was voted that the next meeting of the committee should be held in Washington, D. C. on January 24 and 25> 1951. Mr. Campbell was requested to arrange for suitable hotel .accommodation. The committee will be notified as soon as reservations have been effected. appendix A COMMITTEE ON NEW YORK CITY FLAMMABLE LIQUIDS CODE The action of the Committee was as follows: A. INFLAMMABLE MIXTURES Section C19-2.0 Subdivision 22. Definition of InfLnmnnhia mrtnw 1. Use of term "inflammable". The Code should be amended to permit the use of the preferred term "flammable" in place of "inflammable" to make it consistent with recognized usage and the authority in other various local, state, and federal regulations governing the transportation of explosives and other dangerous articles. This appears to be best accomplished by inserting a sentence such as "Wherever the term 'inflammable' is used throughout this Chapter, it shall be deemed to mean 'flammable'." at the end of Subdivision 22 of Section C19-2.0 and by amending the word "INFLAMMABLE" to "FLAMMABLE" in the prescribed label warning in Section Cl9-59.0(c). 2* Flash Point Method. There would seem to be no advantage or necessity of discussing this subject inasmuch as the Code definitions are already based on the Tagliabue Open-Cup method of test. It was learned, however that city authorities employ the Tagliabue Open-Cup method to determine the inflammability of aerosol mixtures composed of a propellent and various other components. This method does not readily lend itself to such a determination as the propellent dissipates at relatively low temperatures leaving the other components to be'tested with inaccurate results. Aerosol mixtures are commonly classified as compressed gases for the purpose of shipment when the gauge pressure exceeds 25 p.s.i. at 70 F. and more suitable methods of determining their inflammability should be used. This subject should be covered under a separate subdivision outlining adequate methods of test. 3. Upper Limit of Flash Points. If possible, the upper limit in the "inflammable mixture" classification should be reduced from 100 F. to 80 F. for the sake of consistency with Interstate Commerce Commission, U.S. Coast Guard, Civil Aeronautics Board, and certain State requirements. However, this matter should not be pressed to the detriment of more important considerations such as the precautionary labeling requirements. 4, Definition of "Mixtures". The present wording appears to suffice and while it may be desirable to obtain clarification, this issue should not be forced. Section C19-59.0 1. Container Requirements. No exception should be taken to present container requirements. 2. Precautionary Lab<*Hnp- This requirsuent should be revised to permit the use of precautionary wording which will indicate a greater hazard than is in dicated by the prescribed statement, and also to permit the inclusion of precan tionary statements intended to warn of other hazards which may be of equal impor tance. Precautionary labeling should follow the principles recommended by the U.C.A. in its Manual L-l, "Warning Labels". Provision should be made for an jCt 1 T -2- altemate precautionary statement and, if necessary, the present "Caution-Inflam mable Mixture - Do Not Use Near Fire Or Flame" can be maintained as a minimum requirement only. Specifically, and to this end, this requirement should be amended so that the use of the word "Danger" or "Warning" in lieu of "Caution" and "Flammable" without the word "Mixture" shall be deemed in substantial compli ance, for example, "Danger - Flammable - Do Not Use Near Open Flame." 3. Size of Wording. The "Note" should be deleted from Section Cl9-59.0(c) if a Code requirement and if an administrative requirement, a suitable alternate should be suggested, for example* "Any word, statement or other information required by or under authority of this law shall appear on the label and be prominently placed thereon with such conspicuousness (as compared with other word, statements, designs in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under custo mary conditions of purchase and use." which is consistent with Federal and State Pood, Drug and Cosmetic Acts and Federal and State Insecticide Acts. It would appear that the present requirement was a regulation promulgated by the Fire Commissioner as evidenced by copy of letter dated August 14, 1950, received from Mr. Edward Rohr, General Chemical Division, Allied Chemical & Dye Corporation, subsequent to the meeting. B. COMBUSTIBLE MIXTURES Section C19-2.0 Subdivision 10 Section Cl9-62.0(b)----------------- Prior comments concerning flash point methods and use of the term "flamnable" applicable to inflammable mixtures are similarly reconmended for all sections of the Code dealing with combustible mixtures. The present 100 f, 300 F. combustible liquid range should be re-defined and changed to cover between 80 F. and 150 F, - 200 F. for the sake of uniformity with U. S. Coast Guard Regulations, subject to the same limitations of handling as recommended for Section C19-2.0 - Subdivision 22(3). Precautionary labeling reccnmendations should conform as applicable to combustible mixtures. Section C19-63.0 Certificate of Approval This would seem to be a question of administration rather than Code re vision and it is felt that present provisions are satisfactory if properly en forced. If possible, the requirements should be clarified. Committee members were in accord that this entire subject should be progressed in the manner previously recommended and that the final selection of the group to meet with the proper city officials would be left to the discretion of the Chairman subject to the approval of Mr. M. F. Crass, Jr.