Document QkzmwnQdeQMNagJrymzg5OLRo

Minutes of Meeting Labels and Precautionary Information Committee American Cyanamid Offices - New York, New York - June 18, 1953 The meeting was called to order at 9:00 a.m., June 18, 1953* Members Present: R. D. Minteer (Chairman) ---------------------- Monsanto Chemical Company A. G. Cranch, M.D.------------ --------------- - Union Carbide and Carbon Corporation S. J. Hill------- ------------------ - -----------E. I. du Pont de Nemours & Co., Hie* W. A. Knapp (Acting Secretary) - ---------- General Chemical Division, Allied Chemical and Dye Corporation F. S. Low-------------------------------------------- Westvaco Chemical Division, Food Ifechinery & Chemical Corporation M. D. Madsen (for A.Q. Butler) ------- - - Mallinckrodt Chemical Works W. J. Quinn---------------------------------------- Merck & Company, Inc. W. W. Sunderland----------------------------------The Dow Chemical Company J. B. Williamson---------------------------------- American Cyanamid Company W. W. Yeager (for G. E.Brewer)----------------Shell Chemical Corporation Guests: r i li E. Conte-------------------------------- - ---------- Ifellinckrodt Chemical Works F. D. Sparre------- -- ------------------------------ E. I. du Pont de Nemours & Co., Inc. Members Absent? T. R. Aalto. ------------------- --- - - - -------Heyden Chemical Corporation J. H. Foulger, M.D. - ------------- --- - - -- E. I. du Pont de Nemours & Co., Inc. J..T. Fuess ----------------------------------------- Eastman Organic Chemicals Department, Distillation Products Industries J. D. Kittelton----------------------------------- f&nufacturing Chemists* Association, Inc. J. S. Walker------------------- -------- ---------Hooker Electrochemical Company N. M, Walker------- ------------------------------ Pennsylvania Salt Manufacturing Company I 2. REGULATIONS 2.0 INTERNATIONAL 2.0.2 I.A.G.L.O. Mr. Hill described his part in the recent meeting of I.A.G.L.O. at Providence, Rhode Island. In the brief time available to him, he outlined LAPI principles and expressed MCA's wish to promote uniform labeling legislation in states where such legislation is desired. As a result of his comments, I.A.G.L.O. passed a resolution, a copy L~SO of which was attached to the announcement of this meeting along with a letter from Mr. Kreuger to Mr. Sharp Quinn complimenting Mr. Will and emphasizing the need for action in the drawing up of a model set of regulations. Mr. Quinn expressed some doubt as to whether ICA should attempt to promote legislation or regulations, but agreed that when such was imminent, LAPI should make every effort towards producing uniformity. The difficulty with the I.A.G-L.O. proposal is that being an association, of which mary state officials are members, it will tend to promote labeling legislation or regulations in states where no such activity may presently be contemplated. It was decided in order that a fuller explanation of MSA's position could be made, that Messrs, Hill and Quinn would visit Mr. Kreuger, explain our position, and present a draft of the proposed New York State Regulations as a possible alternative to Part "J" of the Illinois Regulations. If neither is acceptable to Mr. Kreuger, they will re quest time until our October meeting to draft a new set of regulations. 2.0.1 I.L.O. Mr. Minteer briefly described the results of the HO meeting recently held at Milan, Italy attended by Mr. Philip Singleton of Monsanto, In Mr. Crass' opinion transmitted in the letter of June 5>, 1953, to Mr. R. D. Minteer, symbolic labeling will die a natural death and no immediate activity is required on the part of the LAPI Committee. However, in view of the assignment given to Dr. Cranch at the meeting of I&rch 12-13, he will continue to review activities of this organiza tion and will make a letter report which will be submitted to the full committee. 2.2 State Regulations 2.2.1 California The Chairman reported that his activities at the hearing on the Proposed California Safety Orders were entirely unproductive in that the proceed ings were so slow that labeling was not discussed during his attendance. 2.2.8 New York Mr. Low explained that a call from Mr. Barker of the New York State Public Health requested a meeting on the p roposed New York State labeling regulations prior to June 2iith when Dr. James would go on his vacation. Accordingly, he wished to complete the revision of the proposed regula tions which would be presented at a meeting in the New York State Building, 270 Broadway, on Tuesday, June 23rd. It was decided that Mr. Low, Mr. Hill, and Dr. Cranch would represent the LAPI Committee and that Dr. Hamilton and Mr. Hughes would be invited to represent the CSMA at this meeting. The draft of the proposed regulations, as evolved at the last meeting and presented for criticism to the CSMA, were further revised as followst r i i i L-51 Regulation 1 Scope Delete "as hereinafter defined." Regulation 2 Paragraph 8 (b) - Change "reasonable" to "reasonably." Paragraph 11 - Delete the definition of "Sensitizer" It was agreed as suggested by CSKA that this definition is subject to quite variable inter pretation and might cause considerable trouble. Paragraph 12 - Change number of paragraph to 11 and define container as follows: "Container shall mean an individual oackage such as, but not limited to, a box, barrel, bottle, tube, can, carboy, cylinder or drum." This change was made because the previous definition was not sufficiently broad to include all containers which might be used. Paragraph 13 - Change number of paragraph to 12. Paragraph ll* - Delete definition of "Economic Poison" inasmuch as this definition is irrelevant to these regulations. Paragraph lf> - Delete the definition of "Toxicity" as irrelevant to these regulations. Paragraph 16 - CSMA had suggested that the last sentence in this paragraph be deleted as unnecessary. However, since the majority of the committee felt that this sentence was important for administrative interpreta tion of the regulations, it was decided to retain it in parentheses. Regulation 3-A Paragraph 2 - Revise to read as follows: "Chemical, common name or generic name (not trade name only) of each substance that constitutes a significant hazard." Paragraph ii - Change "Toxic Through Skin Absorption" to "Absorbed Through Skin." Delete "and II" from (See Tables I and II) L-52 Regulation 3-B The title has been revised to read? "Subject matter to appear where applicable as warning on packages intended for use in homes, on farms, or for other small scale consumer uses, when size of the package makes it impractical to give all of the infor mation required in 3-A." Paragraph 1 - Insert "of" after "requirements" and delete "3-A-6." Regulation li In third line, delete "easily." Regulation $ Exemptions The following sentence has been substituted to allow for broader interpretation of existing legislation? "Containers -labeled in compliance with the provisions of pertinent Federal or New York State Acts are exempt from the labeling requirements provided by these regulations." Regulation 6 Insert "on labels" after "Use of language." Inasmuch as the manual, "Warning Labels," cannot be part of the regulations, the committee will suggest orally that it be referred to at same point in the regulations. 2.2.5 Ifassachusetts Mr. Hill discussed his visit with Dr. Elkins of the Massachusetts' Department of Labor and the interchange of correspondence with him. Massachusetts is still not inclined to accept the LAPI labeling principles or to take any initiative in having their law changed but, apparently, sufficient doubt has been raised in Dr. Elkins' mind to prompt him to inquire whether labeling required by Mtssachusetts for benzene and carbon tetrachloride is accepted in other states. Since Mr. Hill's reply to Dr. Elkins was not in the name of the committee, Mr. MLnteer was authorized to compose an official reply which would, in general, second Mr. Hill's comments. (Copies of the letters by Dr. Elkins and Mr. Hill are attached to these minutes.) L-53 2.2.15 Pennsylvania Reporting from Mr. N. M. Walker, absent due to illness, Mr. Quinn stated that the Pennsylvania State Bill No. 525 proposing an Illinoistype control was amended in the committee with the result that all reference to labeling was deleted. No further action on this bill is needed by the committee. 2.3 City Regulations 2.3.1 New York City Mr. Sparre announced that recent communication from the New York City Fire Department reduces the type size required on labels for "Combustible" and " Inflammable" mixtures and rescinds the regulation that required in formation be printed in red. Changes are covered by Mr. Mayhoods letter of June 16th to the Member Traffic Managers and to the Members of the Technical Committees. 3. LABELS -- SAFETY DATA SHEETS 3.6.1 Benzene In view of the Barrett Division request for the deletion of the skull and crossbones in the California labeling requirements and the general unsatisfactory text of the present labeling in our manual, a sub committee of Drs. Knapp, Cranch and another member, to be appointed from the Barrett Division, was appointed to draw up a new benzene label. 3.U9 Cyclopropane Since Mallinckrodt is preparing Safety Data Sheets for this product, Mr. Jfedsen was assigned the task of preparing a suitable label. MISCELLANEOUS ITEMS 1) The Chairman announced the publication of a new revision of the manual, "Warning Labels," and cited the press releases relating thereto. 2) The Chairman called attention to the comments of Mr. Justice Ward in a recent talk before the CSMA meeting. 3) With reference to the recent litigation in the State of Virginia concerning the label on pesticide products, the Chairman announced the availability of the brief in support of the Petition for Rehearing from ) the NACA office and it is understood that the Petition has been revised. U) Mr. Sparre stated that his company and others had received a letter i from Dr. Patterson with the Food and Drug Administration requesting copies of all labels for pesticides used on food crops and of all labels available for similar products packaged under the "private brand labels." Dr. Patterson further requested that these labels be kept up to date. k This request appeared to be unreasonable and unduly burdensome but no line of action was established by the committee. WAK:DDN/fls LMinutes subject to approval - W. A. Knapp Acting Secretary c 0 p Y DU PONT B. I. Du Pont Da Nemours & Company Incorporated Wilmington 98, Delaware Copy to: Mr. M. P. Crass, Jr., Sec. ^amfacturing Chemists' Assoc. Washington 5, D. C. June 8, 1953 Mr. R. D. MLnteer, Supervisor of Technical Labeling Monsanto Chemical Company St. Louis h, Missouri Dear Bob: When I was in Boston in Ifey I stopped in to see Dr. Elkins of the Division of Occupational Hygiene to discuss the Ifessachusetts label requirements for benzol and carbon tetrachloride as compared with the LAPI labels for these products. He seemed interested in our new manual (which I left with him) and also asked me to send him a copy of Ill inois, Part ttJn. We agreed that it was too late to even consider action this year but that something might be done next year. -At Dr.-Elkins suggestion I visited the office of-the Associated Industries of Massachusetts in the John Hancock Building and talked with Roy F. Williams, Executive Vice-President. The subject of label ing appeared to be new to him but he felt that his association would cooperate with MCA in such matters. He suggested that Mr. Crass write to the Honorable Jarvis Hunt, their general counsel, outlining the matter to him. I also left a new manual with Ifr. Williams. Later I received a letter from Dr. Elkins and have finally written a reply, copies of both letters enclosed. This matter should also be taken up at the June 18 meeting. It looks as though we will have a full day. You may wish to send copies of the enclosed to LAPI but i probably it will suffice to present it at the meeting. At all events I think we should plan to keep after this Massachusetts situation. Very truly yours, /s/ Sanford Sanford J. Hill | SJH:jhm i Enclosures C 0 P Y G 0 P X THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR AND INDUSTRIES DIVISION OF OCCUPATIONAL HYGIENE 286 CONGRESS STREET BOSTON 10, MASSACHUSETTS May 1?, 1953 Mr. Sanford J. Hill E. I. du Pont de Nemours & Company Wilmington 98, Delaware Dear Mr. Hill: Thank you very much for forwarding me the rules and regulations for labeling of the State of Illinois. We have given considerable thought to this matter and can summarize our attitude as follows. We are not at the moment inclined to greatly increase the scope of the labeling regulations, but feel that they should be limited to substances which are not only unusually hazardous, but also which have found extensive use in the industries of this state. In considering any changes in the labeling regulations, we would have to consider the following factors in the order of diminishing importance: (1) Protection of the people of this state against injury to health resulting from careless use of hazardous materials through ignorance of the hazard. (2) Avoidance of unreasonable regulations or frequent changes in the rules, which would be burdensome to the industries of this state. (3) Achievement of sufficient uniformity with other states to simplify the interstate marketing of materials involved. I believe it was agreed that it was too late to make any leg islative changes this year as far as Massachusetts is concerned. On the other hand, in looking over the regulations of Illinois and the previous regulations for California, it is not entirely clear to me that our law would have to be changed. It is possible, for instance, t hat by changing our regulations regarding the size of printing of the secondary part of the label, a compromise could be reached, whereby the same label could satisfy us as well as the states which are following your reconmendations. I would appreciate your thoughts on this aspect of the matter. Very truly yours. Hervey B. Elkins Chief of Laboratory HBE:BL c 0 p I DU PONT E, I. Du Pont De Nemours & Company Incorporated Wilmington, Delaware June 8, 19^3 Dr. Hervey B. Elkins, Chief of Laboratory Division of Occupational Hygiene Ifessachusetts Department of Labor and Industries 286 Congress Street Boston 10, Massachusetts Dear Dr. Elkinst Please forgive this tardy reply to your letter of Ifey 15 as I have been away from my office most of the time since I talked with you in Boston. Your comments on labeling under the Massachusetts law are greatly appreciated and I plan to refer them to the Labels and Precautionary Information Committee of the Manufacturing Chemists' Association for consideration at the next meeting on June 18, as it would not be appropriate for me to reply for the whole committee. As a member of the committee, however, a few personal comments may be in order. Sections IhZ A & B of the Massa chusetts law require specific wording to be used in the label ing of benzol ani carbon tetrachloride and their compositions. Since there is no phrase such as "or the practical equivalent thereof" which appears in certain other laws, the MCA labels for benzol and carbon tetrachloride are not acceptable in Ifessachusetts. I think that you will agree that the MCA labels adequately cover the hazards of these chemicals and are not disimilar in their substance to your labels. In fact the MCA labels go beyond yoins in some respects - for example, give weight to the greatest immediate danger of benzol - the flamma bility hazard. So far as we know the MCA labels for benzol and carbon tetrachloride are acceptable in all states except yours and accordingly have been adopted by manufacturers generally. Special labels are printed for Massachusetts. This is especi ally burdensome and difficult for the manufacturers and dis tributors of small packages. Industrial packages are more readily adaptable to the application of special labels. There is a growing trend to draft state laws or regu lations, similar to those of Illinois and California, cover ing the labeling of all hazardous chemicals. The fCA normally does not promote legislation but when it is proposed urges that Uniformity be maintained. You may be interested to know that I was privileged to appear as an MCA representative at the Providence meeting of IAGLO last week to describe the MCA labeling philosophy and program. A resolution was passed favoring state regulations along the lines of Illinois and California regulations and consistent with ICA's program. No doubt you will see a copy of this resolution and so have the exact wording. I enjoyed meeting with you in Boston and hope that I may have the pleasure soon again. Very truly yours, (Signed) Sanford J. Hill Sanford J. Hill SJHtjhm P. S. Please sent me a few copies of "Industrial Bulletin No. 11M. C 0 P r