Document b5xxdB550onDdwMk0QMaZY5E3

nl mn x *. LiUli February 20, i?73 NO. 10. iMiciigar, STATE LEGISLATION ALEST TO: ALL NPCA members in Michigan NPCA Legislative Committee ALL Officers, Octroi! Paint, Varnish & Lacquer Assn., Inc. Su'oj: Michigan Hausa bill No. 4071; Lead-Based Point. 1. Srgtus: Introduced February 1, 1973 by Representativei Bert C. Brennen `f?- -Olst. r 100 - 405 N. Miller Read, Saginaw 48603), Edgar A. Geerlingi (R.-Dist. *97 - 7969 N.E. Lake Road, Twin Lake 49457), and Raymond J. Smit (R. -Oist. *52 - 2050 Winsted Court, Ann Arbor 48103). 2. Brief Synopsis: Because of its brevity, the text of the bill is set forth verbatim; "Sac. 1. A pain* which contains lead in excess of the amount required by federal regulations concerning lead based paints may not be sold or used in this stele after January 1,1974, "Sec. 2. A person who violates this act is guilty of a mis* demeanor." 3. COMMENTS: The present federal regulation concerning lead based paints is the FDA order which confirmed a .5% standard Tor paints intended, or packaged in a form suitable, far use in or around the household and shipped in interstate commerce after December 31, 1972. This allowed the disposition of shelf goads shipped1 prior to that dare. NPCA has filed a petition with FDA asking that seven product categories of special -purpose coatings be declared outside the scape of rhe .5% order. These product categories include coatings for automotive refinishing, industr:ol maintenance, traffic marking, touch-up coatings, etc. (See Legal and Legis lative Bulletin No. 6 for complete list). FDA has not yet acted on this petition. 0007--SWP-036727 2- - The longuoge of rhe Michigon bill could be interpreted to prohibit rhe see or use of oil point containing lead in excesi of the federal itandard icgardles) of intendeduse or whether the particular point product was, in foef, covetec by the federal regulation. This would maxc no ollowonce for the sale or use of special-purpose products in which lend is an essential ingredient and whien present no hazard to children. Additionally, no leeway is provided for me disposition of sholf goods offer January 1, 1974. This Is particularly signif icant when it is recognized that FDA is still considering a reduction to a .06% standard for points shipped in interstate commerce offer December 31, 1973. If FDA were to issue the .06% srondord, no sheIf-goods containing more then .06% could be sold or used in Michigan after January l, 1974 If rhis bill is enacted, regardless of when the products were'shipped in interstate commerce. It is recommended that all addressees contact their members of the Michigon legislature ro make them owoie of these very significant problems. An amend ment which would make it clear that the Michigan bill applies only to theta paint products actually subject to o federal regulation and which would also permit the disposition of shelf-goods, it as followit "Sec. I. A paint which is manufactured after rhe effective dote of this Act end which is subject to a federal mgulotlon concerning lead based paints may not be sold or used in this state if it contains !eod in excess of the amount permitted by such regulations. "See. 2. A person who violates this Act is guilty of o misdemeanor. "Sec. 3. This Act shall become effective after January 1,1974," Counsel 0007-SWP-036728 0007-SWP-000118045