Document NGb2v5mE9YJeRVKxB1BO5j2V8

NPCA's General Counsel Hints at Court Action in FDA's Rule on Lead By E. L. Below Chicago, 111., April 19--The possibility of legal action against the Pood and Drug Administration's 0.06 lead regula tion was raised here by the chief legal spokesman of the National Paint and Coatings Association. General Counsel John M. Mont gomery reported that the association, In company with other industry groups, had filed an objection challenging the FDA regulation and requesting a pub lic hearing. If the objection Is not allowed, Mr. Montgomery said, the association will have exhausted its administrative pro cedures "and we are then permitted to challenge in court." The attorney was among a number of paint industry speakers and PDA officials who took part in the 1972 Product Safety and Labeling Seminar here. Mr. Montgomery told the audience of some 160 paint Industry representa tives that the 0.06 regulation posed some "unbelievable problems," and that some of these "may have to go to liti gation." "We don't look forward to what's ahead because some of it is very bad." the counselor said. "We are in a very discouraging and frustrating period." Reviewing events that led up to FDA's adoption of Its stringent lead limitation, Mr, Montgomery related that FDA originally had decided to agree to a .5 per cent lead limit but then changed Its mind "when 0.00 became the marching order on the Hill." Ha was referring to the hearings con ducted by Sen. Edward M. Kennedy's Senate Subcommittee on Health at which the American Academy of Pedl- atrlcs and other witnesses Introduce testimony supporting the 0.08 limit. "FDA believes It has solved the lew problem for unborn children of unbon parents, but it has not done anythin! for the problem on the wall," Mr. Monl gomery said. "That's why we think I' Is unfair U> penalise our Industry." Another speaker, Edward F. O'Toolf general counsel of the Chicago Painl Varnish and Lacquer Association, sal the Chicago group would ask for "re course" from provisions of a Blmlln' 0.06 lend painl ordinance adopted bj the Chicago City Council. The Chicago measure is schedule* to take effect July 1. It bans all cxccp' 0.06 per cent lead in Interior archltw tural paints except for varnishes, floo* paints, aerosols and oil stains. The In diistry has until January 1, 1973, t* bring this group Into conformity. Mr. O'Toole described the Chimp' measure ns "a great burden on inter state commerce." He sold the Chimp Paint Dealer's Association is Jolnliif with the Chicago PVLA in it move l* push back the July 1 effective date ! at least conform to the December 1977, date of the FDA regulation. The attorney charged that the Chi cago Health Department wanted Chi cago to be the first city on record with n ban against all but the lowest limit' of lend In pnlut. "They were bo darned eager to d" something they went off the deep end,' he said. "We asked them to wait but they wculdn'l. Now we are faced with the POA Regulation.'the Kennedy Bill, Hit other bill and the Chicago ordinance." In his review of the moves and coun ter moves In the drawn-out lead con- 18 American Paint Joorml GLD012404 t t trovmy, Mr. Montgomery assorted r that the turning- point was reached flwhen the American Academy of Pedi atrics endorsed the 0.06 level. "We didn't have the evidence to re fute Itnlnce there were no aiding feed ing studies available, but neither did the proponents have the evidence to back it up," Mr. Montgomery said, add ing that the only published (ladings on lead were mechanical extrapolations based on old studies containing some assumptions. Knrlier. provisions of the Federal Hazardous Substances Act and FI)A regulatory activities were explained by Dale C. Miller, compliance chief of the FDA's Bureau of Product Safety, and John F. Rabusch, supervisory Inspector of FDA's Chicago district. Frank C. Qaugush, director of envi ronmental control, The Sherwih-Willlams Co., told the audience what to expect from an "OSHA" (Occupational Safety and Health Act) plant Inspec tion. The S-W Co,, he said, recently experienced an inspection which re sulted in 17 citations, 36 violations and SI 156 in Ones. One fine, ho said, was for workers bringing brown paper lunch bags into work areas. it*1--f April 14. mi . < 19 GLD012405 V>