Document XRZkMQ7mV8R08p5oe040X7G0J

February 23, 1973 > 1. . < J" L/ CU/VriiJA1 -J A'jrjOCJu',.tJOj'l .i NOTICE TO ALL CLASS A MEMBERS kn r Subject. New 11 Lead-Based Paint11 Ordinance for CUy of Detroit * . ? 'i.* ., 1 . This Notice is promulgated to apprise all Class A members b'f three ' ;V,.T:, ordinances soon to be adopted by the City of Detroit. One of these ordinances\ is intended to eliminate existing lead-based paint hazards in Detroit dwellings. ; Another requires physicians to report lead poisoning cases. The third ordinance -- v/hich establishes a lead standard of 0.5 percent, restricts the surfaces oO which . lead-based pcints can be used and prescribes detailed labeling requirements -- requires IMMEDIATE ACTION on the part of those members manufacturing and/or marketing paints (both industrial and trade sales) in the City of Detroit. > . While these ordinances had been under development and consideration by city '' officials in Detroit for several months (see "L &L" Bulletin No. 5), hearings wdre scheduled on short notice by the Detroit Common Council^ and were held on . February 19 and 20, 1973. It is expected that the Detroit Common Council will.... adopt all three ordinances within the next few days, and they will become effective when signed by the Mayor. < t- The ordinance concerning sale and use of modern paints impacts directly on manu-'"' , facturers, distributors and dealers of paint products and, it establishes an extremely short time frame for compliance. The prohibition on sale of certain lead-based paints and the requirement for labeling of others will be in full force and effect 30 days after the effective date of the ordinance. Therefore, manufacturers, distributors, and dealers marketing products in Detroit must begirt immediately to bring their products in line with the requirements of this new lav/, y ~~ ~ < Although the basic requirements of this new lead-based paint ordinance for theh . City of Detroit appear to be quite severe, they are much more reosonoble than ' . , initially proposed,as a result of the modifications obtained at the public hearing before the Detroit Common Council on February 19th and 20th.. Due in larger 1 measure to the efforts of the Detroit Point, Varnish and Lacquer Association, an , N PCA representative was permitted to present the industry's case in detail at thi$ ' hearing. . ir E -h ' ' /` VV GID012382 -2 - 1. As a result of the effective presentation by industry, and, particularly, a showing of infeiest by affected members in the area, the permissible level for lead in paint:'},! ., was increased to 0 5% from the 0.06% proposed originally, the labeling require- !' ments for trade sales products were brought in line witli Federal requirements and more reasonable labeling for industrial products was obtained. Also, the changes ' permitted the cootinued use of lead-based paints on certain surfaces, such as appliances, that clearly piesent no hazard,and the continued marketing of special-., . purpose coatings (such as automotive refinish"and touch-up coatings and industrial maintenance coatings), so long as they are properly labeled. r The attachment has been prepared by Larry Thomas, NPCA Counsel -- who coordinated the industry's presentation and testified in behalf of the Association and its member* -to provide basic information in preparing for and meeting the requirements of the new ' ordinance. Any questions should be addressed to the Legal and Government Relations Division at NPCA Headquarters. JMM:rw Attachment ' ..`V ., tv1 > GLD012383 ATTACHMENT DETROIT ORDINANCE ON LEAD-BASED PAINTS This Attachment has been prepaied to piovide to the membership the highlights of an ordinance (expected to become effective soon) in Detroit which will prohibit the use of "lead-based" paints on certain surfaces and require specific labeling for such paints marketed for other purposes* * * A. WHAT PRODUCTS ARE PROHIBITED FROM SALE? t" ` 'V: ' The ordinance defines "lead-based" paints as Ihose exceeding 0.5 percent of the total weight of the contained solids 01 dry paint film. Thirty days after the ordinance is in effect, all such paints are banned from sale if intended or recommended on the label for use on areas held to be hazardous under the ordinance. v ' * '% ' ' i` ' ' ? . i , More specifically, these restricted areas are: ' .1 1. interior or exterior surfaces of a dwelling, dwelling unit, or child cate facility. ; . 2. toys, furniture, cooking, eating or drinking utensils, or other household items. <' Also, the sale of lead-based paint as a general or all-purpose paint is prohibited, * ; The definitions of these surfaces and items are very broad, including all interior and exterior surfaces of homes or other places where persons reside, especially children. These include * ` surfaces of nurseries, day care cenfeis, or other facilities catering to the needs of children. Further, "household item" covers any item designed for use in and around a household, Including fixtures which, in the ordinary course of use, would be exposed to and chewable by children. (Fortunately, the ordinance was modified to include the concept "exposed to and chewable by children" which now permits the factory application of lead-based paints on items such as major appliances, air conditioning units, etc.). TO COMPLY WITH THIS BAN, any existing recommendations on the label to'use lead-based ' ; paints on the surfaces considered to present a hazard under the ordinance must be stricken out' <\ or in some way removed from the product's label. This applies not only to goods currently being manufactured but also to goods on dealers' shelves, or existing inventories' to be rnarketed in Detroit, In addition, all lead-based paints, including purely industrial products, must be ; labeled, as required by the ordinance, within 30 days after its effective date. v . V u> .. GLD012384 . ' X'' X N 2059- - v/ 2- - B. WHAT PRODUCTS HAVE TO BE LABELED? " '\ There are three different categories of products for which labeling is prescribed. - \ f . The first category is lead-based paints for sale to the Detroit general public that are on dealeis1 shelves, or in existing inventories, or are to be manu- 1 . factured for saTe to the genetaT"public within the City of Detroit, within 30 days after the ordinance becomes effective. The ordinance permits sticker labeling of these products. This stick-on label can be placed any- ' wheie on the container. Either the specific precautionary language of the ' , ordinance can be used on the label (which refers to "brain damage or death"), or, in the alternative, a label can be used that meets the require- 'r. ments of the Fedeial Hazardous Substances Act. v' The following label is deemed to meet the requirements of FHSA: WARNING (18 pt. caps) , 's' CONTAINS LEAD (12 pf . caps) , * Dry film of this paint may be harmful if eaten or chewed. Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. (12 pt..caps):' .. Do not apply on those exterior surfaces of dwelling units, such as window sills, porches, stairs, or tailings, to which children may be commonly exposed . (10 pt. type) KEEP OUT OF REACH OF CHILDREN (10 pt. caps) Note. As a temporary measuie, the Detroit ordinance permits a stick-on label with the * above language to be placed anywhere on the container of lead-based paints In inventory or manufactured within 30 days after the effective date of the ordinance and intended to be marketed in the City of Detroit for sale to the general public. .- .* ; i* .: ' ' _.-V'; 1 i.'-'.v ' CLD012385 ;*V .r . ... s' -3- 2 The not category of products are those lead-based paints, for sale fo the general public, manvifcr. lured more than 30 days after the effective dale of the ordinance. Tbe-e products must bear labeling identical to F^e 7n -< category, bui the following part of the statement must be on the principal display panel. t WARNING' \ * CONTAINS LEAD DRY FILM OF THIS PAINT MAY BE HARMFUL IF EATEN ' OR CHEWED See orber cautions on (Side or Back) panel (18 pt. caps) (12 pt. caps) (12 pt. caps) ,. `i (10 pt. type) Also, as with the first category, the following statement must be on the container of these products. But, it need not appear on the principal display panel: Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. Do not apply on those exterior surfaces of dwelling units, such as v.indow sills, porches, stairs, or railings, to which children may be commonly exposed. KEEP OUT CF REACH OF CHILDREN This labeling is identical to that which is recommended in the new Labeling Guide. It is . believed'to meet (he requirements ol I he Fedeial Hazardous Substances Act. `It is also, as ' noted, identical to the labeling required for the first category of products. The only difference is that part of the label mud be on the principal display panel. t In our opinion, this label is more reasonable than the one prescribed.in the Detroit . ordinance. It is permissible to use this alternate label, and such use would promote uniformity.. i /- ~ V GLD012386 -4- \ r . ''I . ` " To meet (lie labeling requirement for this < niugory of Detroit products, you may wish to place flie entire sticker label on tfie principal display panel. This approach could be taken until you liave an opportunity ;o incorporate these labeling requirements into your regular labeling process. | Another approach would be to use two sticker labels, one lor the principal display panel and one elsewhere on 'he label Again thi- c o j i'I be a temporary measure until you can obtain new regular labels conforming to ihe requirements ol the ordinance. Finally, we are confident that those product', ubeady labeled lo caution for lead content will meet the labeling requirements of the Dettoit ordinance. Such products do not have to be' relabeled, but -- fine labeT cannot tecommend use on surfaces considered to be hazardous by the Detroit ordinance, i,e., interior and enter tor surfaces of dwellings, toys, furniture, etc. 3. The final category of products required to be labeled are leadbased paints lor sale other than to the general public (industrial products). (Il is my understanding that the Detroit ordinance requires a lead warning label for industrial products in containers up to and including 55 gallon drums.) The labeling required is consistent with that recommended in the new Labeling Guide. The language is as follows: , ', ; 1 'u i i/ WARNING CONTAINS LEAD COMPOUND Do not apply to toys, furniture, oi other surfaces which might be chewed by children. Wavn hands Ihoroughly o(ic uitng and before eating o smoking- This language can be integrated with other statements of hazards and cautions which apply to the product. It can be placed anywhere on the container.. There is no requirement for principal display panel labeling for industrial piodjcls Thu; Libeling does, however, have to be on all industrial product; to be sold within the City of Detroit 30 days after the effective date of the Detroit ordinance. One final note -- 30 days after fhe effective date of the Detroit ordinance, lead-based primers (even if only fo< redwoods and cedars) or lead-based roof coatings cannot be marketed in Detroit for use on exteriors of dwellings or on other prohibited surface;, even though these residential leadbased paints still are permitted lo be stripped in interstate commerce under the FDA Lead Order. February 23, 1973