Document VJdMwwa8EBdvN161Ky5DwDDDo

OFFICERS PRESIDENT -- JOSEPH P. BATTLEY, WASHINGTON VICE-PRESIDENT -- N. W. KELLEY. Ro a n o k e TREASURER -- H. BRAITH DAVIS. BALTIMORE SECRETARY -- ALLAN W. GATES. WASHINGTON IN RA 1500 RHODE ISLAND AVE., N.W., WASHINGTON 5. D. C. CABLE ADDRESS: NATPA . OFFICE OF THE PRESIDENT REGIONAL VICE PRESIDENTS , :April-' % .1958 NEW ENGLAND - CHARLES L. .RAFFI. BOST' EASTERN -- GUSTAVE KLIN KEN STEIN, N EW A CENTRAL -- EDWARD A. FOY, CINCINNATI SOUTHERN - WM, E. HOOD^ Bl RM INGHAM SOUTHWESTERN -- G. E. LAMBERT. HOU'STC. WESTERN - R. S. BENNETT. SALT LAKE C!' -TO. 'MEI'lSEHS OF THE BOARD OF'..DIRECTORS \ :mGI'SLid!lVS:i;60M:Tim-im) -LABELING, -PlODXT: REGISTRATION .-IIP :a p p l ic a t io n p e c u l a t io n s COMMITTED J .- * TO THE PRESIDENT, SECRETARY AND 1 LEGI3LATI7E , G OMKITTES MEMBEP.S OF THE IISIA YORK PAINT,; ~FARItISH AIB' LACQUER ASS3CRATION A' . -A Subject: Proposed Revision of the Sanitary Code of the City of New York ..New"York City intends to revise its Sanitary Code. The revision is ; being prepared by the. Legislative Drafting Revision Fund. of''Columbia 'University as a Code Revision Project. Enclosed is a copy of sections, of the proposed Cede relating to hazardous substances. Your -attention is directed specifically to Sections 211.01, 211.05, 211.07 and 211.12 . * t, - Dr.; Leona BamgartUer, Coirmissioner of Health of the City. of'New York, has invited the -association to'submit its comments, and to give the Draft --."some - of' youf.lbest. thinking".>' . After receipt of industry conrxents, the Board of Health of the City of New York will.consider the Draft for adoption. I would appreciate careful study of the enclosure and the receipt of your specific comments with recommendations. The Draft is:still in. the hands of the Legislative; Drafting Group and will net be considered by the Board of Health for at least 90 days. .- JF3 :rw I Enclosure . Sind ersly yours, c7 './// - ></.y- -- y v - -JcMOOu^-C/' . / President N11712 'DEPlKESNT OS'i^ALTH'lOF''THE' CITY OF YEW; YORK LEONABAuFGAKPKEE, M. D., COhmSSIONER GF HEALTH .SECOND DRAFT ' . "FEBRUARY, 1953 TITLE IV: ENVIRONMENTAL SANITATION ZAETfCLE 2IlV9 HAZARDOUS; SUBSTANCES This. draft,; prepared as part of the revision of the Sanitary Code, is based, on.policy instructions from the Department of Health,, principally from the Assistant Commissioner for .Environmental; Sanitation Services arid.the Technical Director of the Poison Control Center. LEGISLATIVE; DHAFTING RESEARCH FUND ' COLUMBIA UNIVERSITY CODE REVISION PROJECT JOHN ivi. KERNOCHAl-, DIRECTOR FRANK P.; DEAD, DIRECTOR OF REVISION Isaac Ciechanowicz) Arnold D. Kechtr.an) Bou-ard N. Mantel . ) Alfred L. Schwartz) . Assistant Revisers N11712.01 1- riTLS 'IV: lEJJVIRO^ISNlAL SANITATION AIiriCLE ^Il:: KAZIED0U3 SUBSTANCES Section PART I: GENERAL COQUETS .Introductory - ; . ;;; Gonteni: ;ahd Form1 of/Article 211, Hazardous Substances Page 1 .X : PART II if.-DRAFT- AND :SEGTIQN-5y-55CTI0H COMMENTARY 211.01 Definitions 211.03 Transfer of hazardous substances;re-use of food, drug and cosmetic containers 211.05> Labeling 211.07 211.09 211,11 False or misleading advertising : Rodenticides and Insecticides ". /'' - -1 ' Fire extinguishers containing methyl bromide 211.13 Lead Paint 211.15 .Sale of lye prohibited for household use 211.17 Gas masks for use. in fumigation'"- 5 9 10 15 . !>.. . '' 16 17 19 20 ARTICLE 211:H1SAKDCUS SUBST/iFCES PART I. GTrlSRAL COMMENTS '; ' Introductory . The Second Draft of Article 211 of the Lie?/ York City Health Code, j Hazardous Substances, was prepared on the basis of policy instructions from .-.a. Assistant Commissioner dshbine. 'frichter and /from :Mr.- Harry Haybin, Technical: Director of the Poison Control Center. These general comments which set forth the major considerations upon which the draft is based, are followed by the. draft and.!more detailed 'commentary in, the revisers'.1notes following : each section of the draft. This draft is satisfactory to the Department and is submitted:to the Board at this time for its consideration, and for its consent to distribution of the material within the Department and to interested outside groups and authorities, preparatory to its'resubmission for approval in principle. The Department of Health is aware of the desirability of uniformity in localand federal labeling requirements for hazardous substances. In view : of the fact that the Congress is presently considering enactment of legislation in this area, the Department has indicated that it is prepared to consider any federal:legislation which indy be passed-with a view to recommending such changes in this draft as may be appropriate. Content and Form of Article 211. Hazardous Substances :Articiev211, Hazardous Substances, covers the subject matter contained in S. C. 222 (6), (7) and (3), 230a, 230c and 230d. tPI y0y943 -2- l Vh ; P concerned with the ;prPblem,of informative; :. labeling 'of hazardous snhstarices so as to give the ..public a sufficient .indication . :.of the dangersinvolved in. 'the use of' the substances so that the users will take ail, necessary:'and proper precautions against "risks ofbodily. haim,:: RS ectIPh '211.01. provides the definitions of terms. Section 211.03 prohibits the transfer of 'hazardous .substances; to a new container without., relabeling;and prohibits; the . re use1 of food, ..drug and cosmetic containers.. . Section. 211.05 contains: the labeling requirements.: Section 211.07: prohibits false; or ^misleading: advertisement..;;; -Then . the; article `contains; sevdral sections which deal with" manufacture and use of, hazardous Substances as well as labeling. Section 211.05 deals ndth.rodenticides and insecticides. Section 211.11: contains a limitation on the size of methyl . bromide fire ertihgulshers, a ,requirement for the addition- of warning substances and for. labels. Section 211.13 deals with labeling, manufacture and use of lead ... paints. . Section ,211.15 Prohibits the sale of lye for household use. Finally,h Section 211.17 covers the use, labeling and refilling of gas masks and cannisters used in fumigation. - In. preparing this draft the -.following- laws, ordinances, regulations, bills and proposed model laws were examined} Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. 301 etc.; Federal. Insecticide, Fungicide and Hodenticide Act, 7 U.S.C.A, 135 etc.; Federal Caustic Poisons Act, 15 U.S.C.A. h01 etc.; Federal Hazardous. Articles Bill,. S. 1900,,85th.Congress, 1st Session Bush 1957),"H.B, 7388, 85th Congress 1st Session (Curtis 1957), and H.Ti. 9063, -85th Congress 1st -Session (Williams 1957); Safe Toy; Bill, H.R. 9631,, 85th Congress 2nd Session (Bennett 1958); New York State Sanitary Code, Ch. 9. (Certain Health Hazards.) and 9A (Labels on Ha3ardous Substances); 'Agriculture anrl Marlvets Law Art. 11, lli5 -151(e) - (Economic poisons). Art. ll|A 170 - 172(e) (Sale and distribution of lye and. other caustic Substances); Education Law, Art. 137 (Pharmacy Law 680l(l6) (poison defined), 6813 (poison register),,6805 (registration of pharmacies);.. EPI 000944 -3- N^.::rdrk;CI1^V:l(Miiii^i^tlve''Code^;7/irti 9 (Inflammable mixtures) 019-59.0, and Art* 10 {Combustible Mixtures),019-62.Op New York City Sanitary; Code 122, :123, 222(h) 3, 222(6), 222(7), 222(8), 222a, 223, 230a, 230b, 230c, 230d; regulations of the Pire::Departiferrt,:::of .^ths.vcit7 ;of lIO^ -Tork -^.Rules;:Reiating''to''.-Transpor,tdton:; of Inflammable Liquidshand Regulations Relating to Labels -and Containers of In flammable and Combustible Mixtures"; Guide to Rules and Regulations for the; Labeling of Hazardous Materials' prepared by the: American Conference of Governmental.Xndus- ; trial".Hygienists and ;the most recent, drafts of the model, law on hazardous sub stances being prepared. by the Committee on Toxicology of the American Medical Association. In addition, the laws' of other states on the subject of hazardous substances were read and analyzed. Several major changes were made in this draft. Sinpe all of, them are commented upon in the revisors' notes -following each section they are listed here without further discussion: The definition of hazardous substance is new (section; 211.01(a). A new word "toxic" is added to the definition section (211.01(c)). The definition of Irritant" .'is'-broadened to include "sensitizing substances" (section 211.01(g)). "ciscn" is defined in a different manner (section 211.01(h)). Labeling is defined (section 211.0l(j)) and is now required (section 211.05). Advertisement is defined (section 211.0l(k)); and false or mis leading .advertising of the safety of hazardous; substances is prohibited ' (section 211.07). Transfer of hazardous substances from one container to another is prohibited unless an appropriate.label is affixed to the new container . (section 211.03(a)). Use of containers designed for, or labeled as holding,food, drugs or cosmstics. is:Drohibited for hazardous substances (section 211.03(b)). . ; .The' .i^qui'remdht'v.f6? tlabeiihg' of -..each hazardous Ingredient (section 211.05(b)(2)) , Is^modified to permit the Department to make exceptions for quantities of poisons which because of the small amount or low concentration are harmless. : The re quirement for signal words such as "Danger" is spelled out with greater hPI OOOvfe 1 spec! ficitygCsection 211.05(b) (u}).: Two-new requiressntsr -are added .for' household .containers of hazardouB sulistarlces (section 211.05(h)(9) and (lO)), :The. chart of suggested labels in ;,SC'.v,230c (7): is omittedqin favor of a reference: to the labels in'the publication iTgarning^Labels" issued, by the. Manufacturing Chemists:'. Associa tion . (section 211.05(c)). The Department is: given power' to (grant exceptions ito yiC the labeling "requirements: of 'this Code when the labeling, complies with State or Federal Law (section 211.05(d)) or when the container is too small to contain all the information (section 211.05(f)). Children's toys or furniture with a paint containing more .than 1% lead cannot be manufactured or sold in the City one year, after the effective date of the Code (section. 211.13(b)). The Department is . given power to order'removal of lead: paint and to order recovering (section 211. 13(d)). After the effective date of the Code, lead paint is prohibited on inside walls indwellings (section 211.13(c)). The: following portions ofthe -Sanitary. Code which provided for certain labels are omitted because they are covered in the general requirements of section 211.05? S,,C, 222(1].), label for poisonous insecticide or exterminator? S.C. 222a, label for carbon:tetrachloride? S.C. 223, label- for -finely'spun glass? S.C, 230d (1) (part) and (2), label for paint containing more' than' 1^. lead? S.C. 122, label ing of poisons? -S.C. 123, labeling of -products 'containing .methyl alcohol..' S.C. 230b, seizure and condemnation of products, is omitted because it is . covered by the provision in TitleM which gives the Department poxver to seize products and devices which are not properly labeled. Additional changes and deletions are found in -the --notes following each> section of the draft PART 1T:;ARSF^^ 'COJiCMEKTAET f AA'A/;" A Note Aon'l^ornr^ TEXT" OF THE ARTICIS IS d c u e ie -s ?a c :d .it h l u g s a u a e e r id . EACH SECTION OF THE .A ATEXT IS ;:FQLLCAEDa EX THE- RSVISORS1' 'CQ1#&*TAIS aMICH IS \ . V , SI IJGLE-SPil CED. A: | ; _ \ ARTICLE 211: HAZARDOUS SUBSTANCES vR..'' AA ' 211.oi -Definitjons 1 ! IThen' ubed in this article: 2 (a) Hazardous. substance, means a substance which is toxic', ' flammable,'.a . 3 AcorrSsxve orvan/Irritant,., nr which generates . pressure through: decomposition, A h ; heat ;!or: other/means, Aand^whlch; when, used or handled in a. customary manner or A 5 in-, a-ina^er>'i^ch;ms^.:he''.reas6nal)l7 anticipated, is likely .to cause .injury .or- 6 illness to man. The reasonably anticipated use of a substance includes its 7 use in.a manner not intended by the manufacturer, such as its.accidental:iiw 8: gestion by dhildren. ^ 9. (b) Substance means an element, compound or mixture or any combina- 10- tion thereof. 11 . (c) Toxic.''MShnShaying the Inherent capacity to produce bodily injury . / 12 through ingbstion. Inhalation or absorption through the skin, eye or other 13 surface, of the body. 1U (d) Flammable:means having :a. flashpoint of 80F, or less as determined . 15 by the 'Tagllabue open-cup.tester. ; 16 A. o A, (e) Extremely flammable means having a flashpoint of 20F. or less 17 as determined bv the Tagliabue open-cup' tester. ppr rmtfn -6- 1 y:-.\ (f) IddhfPsiye'means"capable of causing destruction of living tissue 2 ;bychemical'1"action 1:ldieri'; placed in contact with such tissue. 3 -r- :> ' (g) v,. irritant' Meansva..-subs'tshGe;%hich is .' not corrosive, ;but 'Vihich, k ishen. placed in contaCti with-living':1tissue,.'.is capable of {inducing either ;t ":immediatelyf,orafter 'prolonged or repeated contactj 'a .substantial'ioealvtissue ; :reaction^^,:It'::includes::;strong sensitizing substances:;'Tidiicdi^ipn{dMirtar^''tiahdl'-:;::',,' 7 -liiigjYjaayvcause^anc inflammatory reaction in the 'living tissue of some;persons { ":'M dnviznmediatey prolonged or repeated contact. The frequency and severity of the 9 sensitization reaction.1 shall be. considered, in determining, whether the substance 10 is an irritant. 11 (h) . Poison, means a substance which falls into one '"of - the' '.following' '- 12 Categories: 13 (1) A substance which, in a single dose, may prove fatal to a -V ' .. ' '. I-' Ik human:being when taken by mouth or applied to the skin or other . 15 . surface of the body at 1 gram per, kilogram of body weight or less, \ 16 or when inhaled at 100 ppm (parts per million) or less for. four hours 17 or less provided such concentrations are likely to be encountered by . 18 . , human beings .'whan the substance is used in any reasonably foreseeable 19 manner; or, 20 (2) A substance with such cumulative toxic effect that repeated 21 absorption ofIsmail amounts through; 'ingestion, inhalation or skin or . 22 eye contacts over a long period of time may lead to death or perman 23 ent disability-; or, : 2k ) (3) ;A substar.ee which:produces.death within Ik days in half or : 25 .mbreithaii. hdlf .-of.;. a.-group of ten or more laboratory; white rats each 26 weighing between 200 and 300 grams, at a single dose; of five grams or 27 .''les-s--. per. kilo'grani''--of''body weight when orally administered; or, EFI 000940 -7- :.r ;\.X'i4;)-:;:',`-A/Vsubstaiiee'':?rhich-!pro'd'Jces'.dea.l3h'-T?ithinyIt8 hours in half , 2 . y; Mfhyfa-i'. bal f of9ar group "of "ten or raor^'laborslnr^^ite'rats y 3 : : " <^:each; treighing'^e:t-3B.en:v500 -and- 300 , graniSy when Inhaled coiitihuously : U for: a '-.period of one-hour or less at an atmospheric ^concentrationrdf; 5 two milligram's or less oer liter of gas, vapor, mist or iast if such 6 concentration is likely to be encountered ''^htanahif-'Bexrigs; 'frhenVthe 7 ,,^substance is"used in; any reasonably foreseeable manner; or, 8 (5)'y A substance; which produces death within u8 hourstin half or 9 'v';>;`'inore-.than half of a group of ten or more rabbits tested in a dosage 10 , ' of ,-200 .milligrams' or less per kilogram of body weight, when, 11 administered by: continuous contact with the bare skin for 2k hours 12 or less. 13 (i) -Lai^el 'means;, a .'display -of written, printed or graphic matter upon lh the immediate container of any substance. The term immediate container shall 1? not include package liners. 16 (j) Labeling means all labels and other written, printed or graphic 17 matter upon a hazardous, substance, any of its containers or wrappers, or any 13 matter accompanying such -hazardous substance. 19 (k) Advertisement means all representations disseminated in any 20 manner or by any means, other than by labeling, for the purpose of inducing, 21 or r.'hich, are likely to induce, directly or indirectly, the purchase of a 22 substance. NOTES: Subsection (a), hazardous substances, replaces the definition . of ^hazard" contained.in S.C. 230c(l)(b). A definition similar, to the one contained, in this subsection is found in the "following: S. 1900 8pth Gong. 1st Sess. (1937) hereafter referred to as the Bush Bill; H.R, 7338,' 8Sth Gong.'1st Sess. (1957) hereafter referred to as the Curtis Billj Ii.H. 9063, 83th Cong, 1st Sess. (1937) hereafter.referred, to as the rilli.?ns Bill; the Guide to the Rules' and Regulations for the PI . OOOV49 Labeiing.'cif Hazardous; Substances prepared by the-American 1 of Governmental Industrial' Hygienists, Hereafter, referred;to as tile : A. C tG. I.Ht;; Guide;the! most recent draff of "n modelylaw.- being'pr'epared.,, by tneldoiiimitteefori'foxicbiogy of the Jkterieanlfedical: Association y hereafter;-referred to.: as. 'the.: A.M.A.. -draft.',,' ..Although all'; :of the; abdye . drafts': ire lude: "Padldact|ye";tlri'theydefihition; ':df 'hazardous.; Substancey litis..' not'Included .ih this subsection s'incethe,:..cphtfQl;;of:;radioactir:9; (material Iis'ibiimd;intArt$b^ Labelir.a is covered by section 213.09(c) and (e). - '/ft A Y. 1 ^T-'- y- 'I'.: ftd: \ A 1 a. Y :^Y ,: ,y.,V; A :A:( ' A .A (p; Av.y ' >. '' t; ft .'A'.;A 5/' y" Subsection (b), substance, is1 derived'from S. C. 230c(l)(i). Subsection (cl, 'toxic, is new. It is: similar, to the definition , corrtfined in' the 3ush,: Gtirtis and Mlliams Bills.. Subsection (d), flammable, Is derived in part from S.C, 230c (l)(d) -where flammable liquid is defined.' This definition Is more flexible in that it might be applied.to solids,, gases or vapors. It should be noted that the'Rules Relating to the Transportation.of . Inflammable Liquids of the Fire Department of thebGity of Few York ...... define'"Inflammable liquid" as a liquid, ether than a product, of petroleum, shale oil or coal tar which has a flashpoint' below I00F . by the Tagliabue'open-cup test. Containers of such liquids must, under those regulations,' be labeled "Caution - Inflammable - Keep from Flame". Subsection (e), extremely flammable, is derived.from S.C. 230c(l)(e). Since a substance which is extremely flaimaable is also flammable, the definition of hazardous substance specifically mentions; only the latter. This subsection is included because the words "extremel:/ flammable" are required on certain labels pursuant to section 211.05. Subsection (f), corrosive, is derived from S.C. 230e(l)(f), Subsection (g), irritant, is derived in part from S.C. 230c.. (l)(g). The second sentence of tills - subsection pertaining to sensitizing; substances, is new and is, based upon a provision contained In the A.M.A. draft. . ^Subsection (h), poison,'is new. It is: based upon,one of the proposals considered by the . A.M.A. Committee on.Toxicology. Sub- ; divisions (I) and (2) are contained in the A.C.G.I.H. Guide;.. Pro visions similar to subdivisions' (3), - (h) and (5) are found in the Bush, .Curtis and Williams Bills but they..contain different; standards , for subdivision (3). .' A-;.' The definition.of poison in S.C. 230c(l)(c) as a substance "designated as poisonous, by- laws or; regulations, of the. State of Keim Yorkthe.: United States or the City of Hew. York" is .notsatisfactory. A similar definition,, excluding the reference to the City of Hew 'York, is found in the State Sanitary-Code,-" Ch. ;9A,-'Reg. l(c). _Q_ \;.':lteen.--:-coxisi'd3ring- the suitability or sufficierioy of the. proposed definitioa,r the purpose for which it is defined laust be considered.1 , M-/-. : V -.Section 211.05 .requires poisons to be- labeled . as snch; so as to inform hthe^hsers: ,of .the;hazards.: involved. -The term- ''poison", should-be re-: : - served'-only for istibstan-ces',.which'",-create".a high-riskvofiln^uiy.-or hup..;' -- death- upon . ingestion-,';-Inhalation,-, or: contact because .'if. ush&'Vqnhtd'b . - v--many -products.--it^anay: 'loset,"its'!dffect. as a warning or deterrent, / On the other hand, a broduct should be labeled, "ppisoirt If ,it:;would kill a child of 'two'years of ,age, upbn''^ail'bv^g^sih.^e;mbvi^fHjl -. 'because such incidents occur so frequently, .This: draft-takes the, latter into consiaeration. Subsection (i), label, is derived in part from S.C. 230c(l)(p). ;^rhe:'ie2e.raptio.ri .,for{:hn.ckagS'-l.iriers is new. It is suggested by the Bush, Curtis and 'iLlliams Bills and by the federal Fool, Drug and ;Cosinetic^AiCt 201(ra) ;and S.C., ll5(l!-) which relates, to the labeling . . of drugs. Subsection (j), labeling, is'new. It is similar to S.C. 11^(15) .- noi? contained in section 70.0? of the revised Code. Subsection (k), advertisement, is new. It ds identical to the definition contained in Article 7C of the. revised Code which was : derived from S.C. 11.6(16), Education Law 6801(21) and Agriculture and Markets Law 195(5). "VThe definitions of fume, dust, mist, gas and vapor In S.C. 230c (l)(j), (k), (1), (m) and (n) are omitted. 211.03 Transfer of hazardous -substances; re-use of food, drug and cosmetic containers 1 (a) No person shall transfer a hazardous substance from one 2 container to another without affixing to the new container the label required 3 by this article. h (b) Mo nerson shall use, possess, hold for sale, sell, give away or ? , leave, in any place a hazardous, substance in a food, drug or cosmetic container 6 : or in-a container-which bears a food, drug or cosmetic label or Imprint, or 7 which is identifiable as a-food, drug or cosmetic container by its character- 8 . istic shape. Impression or closure. NOTES: This section Is new. Subsection (b) Is similar to a provision, in the-A.M.A. draft. EFi 000951 10- i211;.Q5 Labeling , - r 1 - (a) r'o person snail scll>\ hd; lor" sale, transrqrt, or give away v 2. .ivalbafcardQUB. substance .\.ufiL&as':iiheiiab.$iing '''cbr^?liasv>rf.th /tbid article.:V,,:The ' 3 r.rovisions of this article are .-not- applicable - to a substance, itsed as a drug U or cosmetic and labeled -pursuant to articles 70, 111 or 113. 5 (b) Tie labeling ni' a package or container of a hazardous substance 6 shall bear the following: 7 / (1) The narae and place of business of. thebmahufaqturer, 'ibaqkBri,: 8 or distributor; 9 10 , . (2), The chemical, common or recognised genericname, hot trade name:only, of the hazardous substance or of each hazardous., 11 Component. However, in the case ox a. mixture containing a ^oison 12 present in an amount less than 1^ by weight or in the case of a 13 mixture of a volatile solvent containing a poisonous solvent in an ill amount less than' $% by weight, such ingredients shall not be 15 required on the. labeling when it is proved to the. .satisfaction of ; 16 tiie. Department that the,-mixture is not a hazardous substance, or is. 17 otherwise dangerous to health; 18 (3) The word "Poison11 and' a skull and orossbones symbol for 19 an-.article which is . a poison; 20 : (U) A signal word, sucugas "Danger", "Warningtt.or--"Caution" 21 . to indicate the degree of hazard*- Its signal word. "Danger1* shall 22 be used for substc?nees which are flammable, extremely. flammable, 23 highly corrosive, explosive and for substances which because of 2h . their toxicity present -comparably, serious hazards and which, defined 25 in terms of,.acute lethal dose by mouth, skin, or other bodily surface. Eh'I 09095; -11- 1 i: hate = a ;rahge;: of -from; 5Q;;to 500 milligrams per kilogram body weight, 2 diThelsitt^l'^ra.-^Warning"' shall. 'be. used for substances': which present'- 3 <a 'lesser-dmzcrd'-thon;'<those required to . be labeled "Danger", stick. k ;,ras!'*to:cic:it'ibstaiices ^which^ .'defined In\tejTOS''-'of'Nacute '-IetbalVdosage, ;'.i 5 : '.hame arrange: :of 500'.`to 56CO-milligrams ..per kilogram, of body Weight. / '. U-dd', 6 The signal word '"Caution" shall be used only for the. least hazardous -,,/ 7 substances which, defined in terms of acute lethal dosage, have a 8 dfStaideifect'in amounts greater than; 5000 milligrams per kilogram of 9 i :body:":texglTt..^Id/ . / /' -' ' 10 ;--.($):ivihqi'''affiTTOatIve''' statement .Of' the -principal hazard or , 11 ./ hazards of the -substance such as "Flammable", "Extremely. Flammable", , 12 /"Vapor Harmful", "Causes Burns", "Absorbed tlirough Skin" or similar 13 words descriptive of the i-azard; 1U - (6). Precautionary measures describing the action;to be followed 15 or. avoided; 16 (7) Instructions for first-aid treatment and, in the,case of 17 poisons, for an antidote, if available5 . 18 (8) If the package or container requires special,care in . 19 ' handling Or storage, instructions for such handling or storage; 20 C9) ''..'HPhd '-statement "Keep Out of the -Reach of Children" or its 21 /.practical equivalent, on retail packages offered for household, use; 22 /and, : I'-y 23 1(16) /Iiistruction for final disposal of containers on retail 2h packages offered for household use. 25 (c) The requirements in subsections (b)(3),; (4), (5), (6), (7) or 26 (8) of this section for'a statement on the labeling of a hazardous substance tKl 000953 1 may be metbyptheVusb suggested'for such hazardous substance 2 : in. tlie -1956 edition vof. "Warning Lables Manual L-l,- A Guide, for` the Wrepara-: 3 : tion: of -.Warning hLabelingf or ffitzardous Chemicals" published by ,the ISmi- / h .featuring Chemists * Ass cciation, or by the use ofiajhpracti.celiVequi^^e^f'of 5 hsuclf statement, except that, no words shall be regarded t as '.the; practicalvecmil-g. 6 valent of the words 1 "Danger", "Warning", "Caution", "Poison" or ."Poisonous". 7 i (d) . A hazardous substance which',-'is. labeled '-in''bom^iahcCb-dth. Th-Wf: 8 applicable^State ;br : Federal laws may be -exer^ted;by,the. Department' from thet 9 labeliitg requireraents, of this section, if the labeling in such cases . complies 10 substantially with the intent of this article. 11 (q) Subsection (b) cf this"section shall not apply to a substance 12 still in the development stage when it is'usc-d solely for experimental 13 purposes and when it is -known that no specific hazard exists but the potential lit hazard is. not identified, if. it bears the foilowing label or its practical 15 equivalent; "IxnportantJ The properties of this substance have not been 16 fully investigated And its handling or use riuvy be hazardous. Exercise due 17 care." 18 '"'hCf-y.-iiien. the size .of the package or container makes--.it impossible to 19 include all tlie information required by subsection (b) of this section, the 20 Information required by bubse.ction- (b) (6) may be abbreviated and the in 21 formation .required by ; subsection (b) (h) or (b) (10) may be abbreviated or, 22 upon; aoprovalgof 'the Department, omitted. 23 . ' ; (g)s' A requirement that any word, statement or other. Information, ap 2k pear on a label shall .not be considered to be complied with unless it also 25 appears on the following: 26 . hv (.1) On the front panel, that is the oanol on which the sub 27 stance is identified, of ;the outside container orufrapper, if any. EPI 1 ' 'of "the" retail packages -of- .the substarice, unless the "required word,.'/ 2 . - statement)pr/(other. iniormatioii Is- easily legible ;tlirdugh? the outside 3 llGpntirie,r\;,:br^lrrauj)erj:,; V p./-'.'. -/-.v;; I"'!!;"-! i- k : (2) On eacli:package liner which contains lary'^iiieny ^ihted 5 or graphic matterj , 61 -(3) On each place where there are directions for use. 7 (h) All words, statements or other information required to appear on 8 ihe%lalkl>bii''4a^elit3SB shall .appear. in the English; language and in a legible i ... 9 '^Jpet-whic'h:;la--pbhtrhsted- by typography, layout or/ color fronr other printed 10 matter on the label j container-or'wrapper. .If the label or labeling contains ' 11 any representation in a foreign language, all words, statements or other 12 information required to '-appear on either of them shall also appear thereon in 13 the foreign language. gEOTES: Subsection/(a) is derived from part of S.G.-2306(2), .butui's. broader in that it'.requires, proper.- "labeling11.: which, includes - the 'con-' ;;; tainers, wrappers and accoiipaijring literature. as - well as. the label on the substance itself.. It is to be noted that the requirement applies . to air hazardous substances as does SfC. 230c, not only to the "retail : package" of the article "intended for. household, use" as suggested"-by the Bush,; Curtis and Williams Bills, The A,M,A. draft and the A.O.G.I.H., Guide also -.'require labeling ox all products 'including those for commer cial use. The exemption for drags and cosmetics is nm$. it is found in the Bush, Williams arid Curtis Bills. - Subsection ;(b) is derived.in nart from S.C. 230c(3) with some changes. The second sentence of subsection (b)(2) is new. It is suggested /y by the A.C.G.I.H. Guide, The. purpose of the change is. to permit omission /: presence in a mixture makes them -'harmless 'by-yirtue of the minute quantity involved. , A total' of 3U poisons were sot forth in the y'A.O.G.I.d. Guide as substances which must ; y be on the label even when present in a concentration of less than lb ..by . weight. This draft xd.ll give the -Department the power to decide in all cases xtfhen a poison may cr may not be omitted from the label. The requirement for the skull, and crossbones symbol in sub section (b) (3);; andifor 'the .inclusion: of an antidote in subsection (b)(7) were; contained in a footnote to:the table, following S.C. '230c(7). : ;: All but the first sentence in subsection (b)(h) is new. It is Contained in the A.C.G.I.H, .Guide and the A.k.A.. draft but not in the feush, filliams or Curtis Bills. Subsection'(b)(9)'is-neW. It is contained`!in the A.M.A. draft, ; the A.C.G.I.R. Guide, and in,the Bush,|r Williams and Curtis Bills. * Subsection (b)(10) is new. There is a similar provision in the A.G.G.I.H. Guide., Subsection (c) is- derived from S.C., 230d(7); and the:chart of., w suggested :s tatemeht s' containo d in the table that foil owed . : That section Was based upon ;fcHo suggestions contained in Warning labels, published by the lianufacturing; Chemistsi Association which were found acceptable to the Deoartiiiput and to the Boai'd, They were also adopted in "the State:, Sanitary Code, Chu9-A, Reg. .7. .This subsection avoids the necessity of . including much material which cannot be enforced effectively, in -its -pre.'sent -tabular form' because. (1) the description of the classes, of hazards is necessarily , so vague that it is difficult to determine in some in which,group a hazard falls and (2) the statements which are to be. included on the label and which, are reproduced at some length are only suggestions. The.subsection eliminates the vagueness of 3.0. ,230c(7) because vfarning1labels contains a suggested label for each uroduct which could not'-possibly be reproduced in tills Code.' It is recognized that the standards for labels, were published by the very industry which this article regulates, but the standards contained in the 1956 Edition are satisfactory to the Department.. In. view of the fact that the industry could in the future amend the Warnlng-Labels'-in a manner unsatisfactory, to the,Department, the 1956 Edition is .specified,. If a later edition is .published'with significant clianghs which meet the aoproval of. the Board, this subsection may be amended accordingly. The prohibition against substitutions for the signal words ''Poison" and ''Poisonous" is broadened to include ''Banger'1, ''harning'': and "Caution". ; Subsection (d) is new. 'It was reccmraended by the Kanufacturlng Chemists' Association, in 195-U. The State Sanitary Code,. Ch. 9-A,.. Beg. 6(a) contains a somewhat s iwiiar exemption. . It reads: -''Packages' or containers labeled in comolianee with.pertinent H Federal or hew fork State laws or regulations may be exempt from the!labeling 'requirements in these regulations* ,'provide'd' that: tiie labels in such cases comply subs 'oantd ally ,'with the intent of these regulations i.The^new -/subsection .allows a hazardous substance which is, not labeled pursuant, to this .section to be sold with the prior, approval of. the: Department if it meets applicable laws of the United States or -the State of Hew fork, (note tliat "State" in .this Code means-. -15- unless otherwise specified, the State of 'Hew .f6rkf)pgThis! does not, &we'^er,'.';'pejTOi;fc':'ah; article -to be 'sold in violation of the requirements -t of .sections 211.07 to 211.17. : . p *?3ubseetion?{e) :is derived from S.G,230c(6). . In additional::;, v \ limitation is`tnat irr order to berexemoted it must be; a substance ';for / . Which, ho:;specifIc/'hdzard:: is known but 'which has ah :unidentified potential hazard. ' , Subsection (f) is derived from S.C. 230o(Lf.) The material required by subsec bions 1(b)(8) and (b)(10) cannot be omitted, withoit the / approval of the Pepartmeht. Subsection (g) is new. Similar provisions are found in Article 70 ifor:1 labeling: of food,"drugs and cosmetics, except for. the portion concerning the front panel:and place where there are directions for use. The requirement Of subdivision (1), is'.'also; found' in S.C. 133(8) and the.Federal. Food, Drug, and.Cosmetic Act and in the Bush, Williams and Curtis Bills on hazardous articles, except that they contain no reference to :the front panels, g Subsection (h) is. derived in. part from' S.C,* 230d(5). The last sentence .is new and is found in n.G. 133(10), in 21 C.F.R. 1.103(c) for food, drugs, and devices, in 21 G.F.E. 1.9(c) for food and in 21 C.F.R. 1.203(b) for cosmetics. 211.0? 'False or misleading.advertising 1 A'manufacturer, packer, distributor or seller - of a..hazardous sub- ,2 stance shall not.disseminate ,or cause to be disseminated an. advertisement con 3 cerning such hazardous substance that is false or misleading in regard to its h safety or use. NOTES: This section, is new. It is similar to Agriculture and Ilarkets t Laxv 202a and Education Law 6021(5) and 6823(h) and S.C. 133(12). The section is; concerned '.with.control of the producer or seller and not' 'the communications medium;that carries the offending advertisement. A similar provision is found in Articles 111 and 113 for drugs,and devices, and cosmetics' respectively. . ; 211.09 Rodenticides and irsecticidos 5 (a) Ho person .shall: sell, hold for sale, give away, leave exposed 6 In any place or use as, a rodenticide or insecticide, sodium fluoride or a . . 7 mixture coritaining ,'sodixmi fluoride, unless it is colored:nil's blue,, pale. 8 nile blue or .raiproline green as designated by Ridgi-ray's Color Standards and EPl , 000957 -16- 1 Ccior:.H<m^ilcl6tui`e.^,If' .sodluw-'ilTidrido'-is-bGld for sale br/sold at retail/ / 2 *. in powderecL/f orm/iii/a /quantity of . five pounds: ,or.;ie.ssj .for /use/as a podenti- / 3.v'hide./'or. inseblielde//'It/;;shall' bb packed' in/non-refIllable containers.y/,y;/y;//' 'll. a (b) ' No "personshall prepare,, manufacinare,;; sell/. holdifor /sale,/.give./ 5 anay, leave in any place or use a rodenticidQi;'dr:-:iii04G-ticide which has as its , unless unproved, by the`Department, _ ' 6 ; active ',>ingredien'l/i'ivB' microorganisms ,/but approval shall - not .be, given ,f ersthe 7 use of microorganisms ^which are or may be dangerous to human beings. -, H0TB5:./; Subsection (a) is derived from , 3.0. 222(6). ; The;/words "leave ; exposed in any place" are net-:, / ' Subsection (b) ,is derived frcm/.S.C',. 222(7). which prohibited rodenticides or insecticides which contained, living,bacterial:organisms On one hand this prohibition was too broad in that, it required elmina. tion-- .of-even-.harmless , bacteria and would appear to require sterilization , of all rodenticides and insecticides', ^ On "the other hand it was too narrow-in that it did. not cover the harmful viruses and protozoa,' This '. : subsection:is designed to-prevent the speaxd. of diseases communicable to man. It is therefore drafted to empower/ the Department to authorize the use of microorganisms, which are not dangerous to man, as rodenti cides or insecticides, 211.11 Fire extinguishers containing methyl' bromide 8 Ho person shall.possess, sell, hold for sale, give away or leave "-/// : 9 / In any place a fire extinguishor containing methyl bromide unless it contains 10 less than 100 grams of methyl bromide and unless it has; on the front, of the 11 container and on every portion upon which directions for the use of the fire 12 extinguisher are found, a label which, in addition to the matter required by 13 section 211.05, bears the following statement in red letters, one-quarter inch 111. , high on a,black background; "Warning -- Poison. Contains methyl bromide, a . .15. dangerously Poisonous gas". ouch fire extinguisher shall also contain a ` 16 suitable odorbits, laci'Jmatory, Irritating or. -sternutatory warning substance 17 approved ,by the. Department.,. This subsection sliall not be construed to pro- 18 Mbit the possession of a .fil'd extinguisher containing 100 grams or more of. EPI . 000958 -20- Of these, lh$ cases or 11$ were under .10 years of age, 7. cases..or. -3.1/2# Hfere::'i'iBetR'eie!n..'lto"yaj?s ''and. 19 years, ofuage, li? cases or 2.3?> wore 19 years. \ ,of.^age;;:Sirid..':.0V'er,V;;ja;nd 1+ cases or 2 l/?$ were, of unknown age. five cases resulted^ In -death p k' Four of: the -fiye. fatalities 'were 19 years of..age; or u : !6yer^>.#iis'yf'ilt-:ibei^haithrfOV'year./oid child, .although these figures Idoinot distinguish between the accidental ingestions and the attempted :suicides,.::(such figures are not available) it can. be seen from the r fact thatvpl# -were below age^lO that the vast majority, of bases resulted from preventable accidents, The usefulness of lye as a "household, product Isisooslightuin cexnoarison; with its-potential a3:,& cause of "injury::' or: [death, ( that the complete prohibition of .sale for use InEthe^'home-' istfiow; ; desirable. ' ;211.17 ,' Gad:i;itiasks for nse: in -umigatipri 1 .'h.-[t;(s)y:no person'shall use in fuitiigation, or sell,: hold for sale or 2 : give [ away for use In connection with fumigation, a. gas mask or a cannister 3 of a; gas ioaslc unless the mask and cannister are of a type'.'approved by the h : United States' Bureau of nines as suitable for fumigation and unless they 5 bear the stamp of approval of the Bureau, This subsection shall not apply 6 to the use .of .gas masks or cannisters in 'connect!pn w^.th a gas for which the - 7 Bureau.of Hines has not approved a:cannister or mask. 8 .(b) Ho person shall refill ary' -cannister for Use in connection 9 mth.fumigation after the cannister is .exhausted, and no person shall use a ' .0 refilled cannister. in fimigacion.. NOTES; This section is derived from 3.C. 222(8) without substantive change. . ' mussaasneaasiaiatau EPI 000962 -17- 'metl^l''.i)r63na'de'::.83r'.''a'' berspn who piirchased it: prior to . October .I5,ii9lt8, if it is labeled'pursuant 1to this"section.:. - NOTZS: This .section is derived from S.C. 23'0-a(a)Aand;'.-(e)f::w.3;C..,530a.,;t,7, "(h) is delated as no longer necessary. The. provision pro:iibiting.;-*h0':';;)> - ; k s 'giyiiiy-:svray . or ileaving .pf methyl1 bromide' fire '--eitincuishers; which do y/'y, 1 net conform to the requirements is new. At the Board meeting of i September li', D S*h-G3 the members expressed a desire to amend the section before it`for adoption by specifically preventing the prcsecu' '' pion of a nerson who. already 'owned an unlabeled methyl-bromide fire extinguisher and intended it solely for his own use, and not for. resale. c - t ! i.-uiider the. .revision allymethyl' bromide fire . extinguishers ;:bill:)hayq to be;: : -properly"labeled, even-those 'purchased prior;'to October* 15, 19U8 . The examotion is .only .for1 extinguishers of 100 grams or more-purchased before that dates but they must boar tbo required labels. . It should be: noted that S.C. 222a which required warning, labels on containers of carbon, tetrachloride, except fire- extinguishers,' is : - . t aoitted drdm this revision because it is- covered by section 211.05 and `'h'does-r-riot. "require - a' special - section. This also has the effect of removing . the exemption, for carbon totrpc.hloririe fire extinguishers which was 7 contained in S.C. 222a(i)., Under section 211.05 such fire extinguishers 7 must bear the appropriate.labels sot forth in subsection (b) of that section. 7211.13 Lead paint ' 3 (a) ITo person- shall possess, sell, hold for sale, give away or h leave in .any place a paint containing more than one per cent of metallic 5 lead, based upon total non-volatile content of the paint, unless, in addition 6 to; the matter required by section 211.05, the label on the container bears 7 the. following statement: "Contains lead, '{armful If eaten. Do -not -apply 8 on.-toys, 'furniture'or Interior surfaces which might be chewed by children". 9 This subsection does not apply to marine paints, roof cements and coatings, " 10 automotive .finishes"'.which, are not sold at retail or to paints other than ... 11 paints for toys, children's furniture or interior surfaces which might he A 12 chewred by children, -which are sold for purposes other than resale to the City , 13 or State or Federal Government, or to a manufacturer, an industrial plant, a lit public Utility, corporation or metal.structural contractor. EPI 000959 :'i' - - . (b) : iMahpefsdiiwhalimamfactutbt aftfer the effective date of this ' 2 Code,wbr .ssll-hbrbhold ;f ob sal& 'after one yesr after . the effective. date of. ' 3 this Code, children's toys or children's furniture which have a oaint con- = . taining `more than' one -per : cent`v of metallic lead basedgon -,,the1 total-., non- 5 volatile content of the paint. 6 | (c) After the effective date of this Code, no person shall use a ;7 paint'Jcontainxng'OTore' ithan one ner-cent of metallic lead based- on. the - ; 8 .-.;:|i'dt'Mi;-vinbnriv'blia4'ii3the paint, on the interior walls, ceilings. ;.9 lor window sill si hf fany-apartment- orroom in a tenement, multiple dwelling 1 10 oh one Or two: family- heme. 11 . b,(d)-'';-:Waeri the Department, finds that there is a .paint containing more 12 than one ner, cent of metallic lead based on the non-volatile content of the 13 paint onthe'interior walls, ceilings or window sills of,any dwelling,,it-\ lip . may order the removal of. such paint and the refinishing: of the apartment, 15 - rooni or part of a room with a. suitable finish which is not in violation of. 16 subsection': (c) of this; sdetion. . liOTES; Subsection .(a) is derived from S.C. 230d(l) and (3-).;./ The. tjrovisions of S.C. 230d(lt): are deleted as no longer necessary and the requirement of S.C. 230d(2) is found in section 211.05(h): and therefore i , is not duplicated here. On October 29, 195k, when S.G. 230d was adop ted the Board some of the members suggested tint the warning label be reworded to read:' "Do not- 'apply:to' interior' surfaces, - furniture, or : toys which, might be chawed-by children". The Board thought that the ; ' la.ngnage implying t.!hub,children chew walls was not the most desirable. The. representative of the hew fork roint, Varnish ar.d Lacquer Associa tion requested that the Board refrain from changing the .wording, even Vvi-'-f i;. though not desirable, because the Association at some cost had already .y>.reeaimtended to some 000 members that such a warning be used. The Board did not change the language, Since S.C. 230d has been in ,'- effect for several-years,: and manufacturers have -prepared labels in t; h : -accordance with its provisions; at considerable cost, it would be . i.'Kifw" undesirable now, without convincing evidence c the inadequacy- of the . ; :present warning, to charge t-.c l-oquirod warning. ' furthermore, as (p'l'CeJb: .Dr, Harold Jacobziher advised the Board ab the October 1.95h meeting,. EPI 000960 a study :grouo-'otheueademy of Medicane which -co-ndticted-va.-.neurological''=' :-'vin^esti^^on-d^c'9yersd,.that'.-Tjair;b'' on window/sills/and plasrter and <. v .'. .T3aint''.i'alIen-'i,rom'-'T-ralls was the chief offender'.in lead :,ud.s owings. , 'Therefore tertbe extent-that-children chew;;on.Mndow;sills: end:,eat fallen nieces of paint and plaster, they do chew interior surfaces. ' Subsection (b) is new. It was, suggested by;Drcfersor Paul E. . `ila;ys : at fcne 'S caret- meelsing of .October 29 y- 195U. ,Ka ashed..way the, Cede does nob contain a, >complete prohibition of toys which .contain a paint with more than l)i lead. Hr. Trichter said thsb although manufacturers in! this country had not used lead paint on toys -for many years, the Department recently, found some and also found lead in/boys imported from abroad. The Devartment said Its next step would be to recc&mend to /// /// the 'Board a/hpGLibitioii/ of 'dead,paiintedhtoys;'//The Safe Toy Bill, H.R. 9631, B.i'th': Cpng. \2nd Soss. /(Bennett' 1958)/wouldhalsa/prohibit suph ;; ,: :uS|e of lead/paiht/because if Prohibits toxic substances in . or on toys. ; Subsection (c) .is new. - It is recommended by the Department as the"most effective means of reducing deaths and injuries to children. ; from lead poisoning.' / \ ii \. : ".Subsection (cl) is hew. ; It has been the practice in Baltimore : in premises where/injury due to lead poisoning occurs, although there is no specific mention of lead, paint in t.ue .wiles and Deflations governing , the Hygiene of Housing adop bed by the Baltimore Commissioner of health. The Baltimore-Commissioner.presumably acts under the general power : granted under section llU of iiTtide 12 of the Baltimore City Code of . 1950, which gives him -authority to order removal of a-.iy dangerous matter . , or: condition in a building.. It is p ossible, for the hew York Commissioner ! of Health to order removal of lead paint under section 121.03 of this Code, which pertains to removal of 'nuisances and dangerous conditions,. but the Commissioner -would not then have the power to order repainting. There is also,coiisi-lerable practical vnluo in the Board specifically declaring lead paint to.be a,.dangerous condition which, under certain circumstances, the Cunmissioner can order removed. 211.1!?i 'Sale .of lyo nrohlbited for household use ' No person shall sell,'mold for sale or give away for household use, lye/or a substance, containing more than $; of lyo by weight, h NOTCS: This section is now, under 3.0. 230c and the..-State Caustic, Poison Law,. Agriculbure and:hrketa Law,. Lrt. I]|A, lye has been labeled with tr.e wor-'S oisenh1 a.:d "Danger", : slrull at:.d. crossbones symbol,/ numerous directionscovering its various uses and antidotes., ' IJnfortunately this lahelinr has not been. suY/icieiitly efCectivo in eliminating : ' the. large number .of Poisonings caused by the ingestion of 'lye. Over , a / period o.f less than 34 months, from dared 9, 1955/to Decerber 31,: 1957, there were 203 lye poisonings ror. orted to t.:e ''cdson Control Center.