Document Z4LRbRMmer83KGXgq0zy8Kv00

KA5YLADD - TOXIC 7131555 7/1^9 Effective June 1, the State of Maryland nade it unlawful to sell toys and plcythir.gs including children's furniture, finished with any material containing "lead or other substance of a poisonous nature from contact vrith which children ray be in juriously affected,* unless such articles are so labeled as to show that the finish contains lead or other poisonous substance. It is a criminal statute, and no administrative agency is authorised to issue regu lations or establish the percentages of various toxic materials that may ssfcly be used in finishes that vill not require the use of '.earning labels. The State Department of Health has undertaken the enforcement of this lav; - enforce ment in the sense of policing, without interpretation. It has disclaimed authority to issue regulations, and has pointed out that in Maryland, in criminal cases, juries are judges of both the lav-? and the facts, and that no jury would be bound by any action or opinion of the Department, Toy and furniture dealers in Maryland have demanded guarantees of non-injurious fin ishes from manufacturers, vrho in turn have demanded assurances from members of this industry. Some of our members liave sought similar assurances from rav; material man ufacturers. So far as we know', none have been given. The problem is difficult. Some interpret this lav as requiring a label if a finish c ...* a ins any lead, for example, regardless of percentage. Ve have interpreted it more narrowly - as requiring labels only when finishes contain load or other vr!"onov.s suest'"ce from contact with >hich children may be injuriously affected. This inti-rmrstation is supported by an unofficial opinion by the Attorney General of Maiyir.nd to the State Department of Health. Ue bear in mind, however, that in ! Vry- id the Juries are judges of both lav; and fact. '"Vis -as ar. extremely difficult lav? to oppose. It had patent faults, end they v.-re pointed out, but the purpose, to protect children, was laudable, and could not be opposed. The background uas unfortunate. The Health Department had a record of thirty-one cases of lead poisoning of children in 19^8, four of v.iion died. Ten r^es have beer, reported this year. The 3?!tiuorc City Health Department records chow a total of 213 cases of lead poisoning in children under ten years of age since 1931. including 76 deaths. Its bulletin appeared while the bill vas before the Legislature, b'e are skeptical of the diagnoses but unable to dispute then. It would have been imprudent to point out that the exposure from toys and children's f'r.viture is negligible and that children cam contact other finishes about the cu^e That vould have invited broader legislation restricting the use of lead. The 7 Itixore Health Department in the I!ay issue of "Health ITcv:s" has already a;r.ed parents: "Use only paint which doc6 not contain lead for repainting indoor surfaces, furniture or toys." "Do not buy paint for ir.icor use unices it is free from lead." "Hc.irve eld paint from window sills before repainting with lead-free paint." .`-'S3 ---^3 -all sit for bre;- tor 1 >gielation. The possibility that v'h.-r s'; t-.-s -e?.lh ..-y'"...a1 s erranle or introduce sven broader 1 r_,i sint_: :n -rest be -2Ve do not know enough, about the tonicity of the various naterials used by our in dustry. Heretofore, there lias been r.o occasion for such an investigation. V'e should know core. If suck legislation appears elsewhere, it \w.ld seen preferable to have a lav; en forced by an administrative agency vrith which the industry could deal. As such agency would probably 2mow little or nothing of the tonicity of our materials, it would bo '..'ell for this industry to know as much as possible and be prepared to give practical guidance, -he Scientific Section lias been exploring all sources of ? n-h information and the -o::ic Materials Committee will doubtless take the problem vu'.er consideration. -- K. Q. J-:ACD0".r-D NCA 0 03162