Document bB251ZD7M6JYqo5Or6okZn8qy

COATINGS ooo ispc [ NATIONAL PAINT & COATINGS ASSOCIATION / 1500 Rhode Island Avanue. N W. / Washington, D.C. 20005 Vol 24 No 5 March 27 . 1977 J FDA Proposes Lead Barf^2<) "X '.h -k____ .. ^ --4 iin . ^ Ij) \ V'A y . rt ,y Valentine Wurtele Valentine Wurtele. Chairman Emeritus of the Valspar Corporation. died March 7 in Naples. Flor ida. He was 86. The former president of Minne sota Paints, he became Chairman of the Boaid in 1952 and remained in that position until the company merged with the Valspar Corpora tion in 1970. A long-time member of the National Paint and Coatings Association, he served on the Exec utive Committee from 1939 to 1960 and on the Board of Direc tors from 1958 to 1960 Other NPCA positions included member ship on the Budget and Finance Committee, the Technical Board, and the Scientific Section. Mr. Wurtele was also active in local business and community af fairs He was director of several local business corporations includ ing Northwest Bancotporation. Northwestern National Bank, and the Northwestern National Life In surance Company. URGENT! Your participation is vital, if the Manage ment Information Committee's surveys are to be of any value! It is imperative that you immediately return your current Sales Sutvey. Compensation Suivey and Eleventh Annual Operating Cost Survey fonns to our computing firm. Tyson. Beher & Associates. The urgency of this cannot be overstated! The Eood and Drug Administration has published a regulation banning all but trace amounts of lead in household paints by 1974. The new regulation, published March 11 in the Federal Register, reduces the maximum permissable lead content in certain "paint and other similar coating materials" to .5 percent by December 31. 1972 and lo .06 percent liy the following year. All household paint products con taining greater lead levels will he banned from interstate commerce alter those dates. Slated to take effect April 25. the reg ulation applies to paint intended for use on residential interior surfaces, toys and other children's articles. The full text of the regulation is as follows: 191.9 Banned hazardous substances. (a) Under tire authority o( section 2|t|)(1) (B) of tire act. the Commissioner declares as banned hazardous substances the following articles because they possess suctr a degree of hazard Drat adequate cautionary labeling cannot he written and the public health and safety can he served only hy keeping suctr ar ticles out of interstate commerce: (61 (i) Any paint or other similar surface coating material intended, or packaged in a form suitable, for use in or around the house hold that (a) Is shipped in interstale commerce alter December 31, 1973. and contains lead com pounds of which the lead content (calculated as the metal) is in excess of 0 06 percent of the total weight of the contained solids or dried paint film: or (A) Is shipped in interstate commerce be tween December 31. 1972. snd December 31. 1973. and contains lead compounds of which the lead content (calculated as the metal) is in excess of 0.5 percent of the total weight of the contained solids or dried paint lilm (ii) Any toy or other article intended for use by children that (a) Is shipped in interstate commerce after December 31. 1973. and bears any paint or other similar surface coating material con taining lead compounds of which the lead content (calculated as the metal) is in excess ol 0.06 percent of the total weight of the con tained solids or dried paint film; or (A) Is shipped in interstate commerce be tween December 31. 1972. and December 31. 1973. and bears any paint or other similar surface-coaling material containing lead com pounds of which the lead content (calculated as the metal) is in excess of 0.5 percent of the total weight of the contained solids or dried paint film In a recent FDA notice published Feb mary 19 in the Federal Register, the paint industry was given until Aptil 7 to furnish additional information concerning all heavy metals in paint formulations. FDA Commissioner Dr. Charles C. Ed wards said that he may decide later to speed up the ban if this data shows that "load can be eliminated from paints and other surface-coating materials more rapidly than the implementation dates specified." "Consideration will also be given in late 1973 to petitions for extention of the implementation date upon a showing that the public health will not be jeopar dized and that technological necessity requires additional time to meet the .06 percent maximum lead level," he added. The Commissioner said he is "pre pared" to consider petitions proposing amendments to the regulation. These written objections should be filed within 30 days of the regulation's publication with the Hearing Clerk. Department of Health. Education and Welfare. Room 688. 5600 Fishers Lane, Rockville. Mary land 20852. Printer! in U $ A. GLD0017 22 Pt| 21 Maich 27. 1972 Consumer Research Program Underway The Paint Consumer Research Program is now a reality! Announced earlier this year, the purpose of this program is to obtain national, regional and local mar keting information on family consump tion of paint. The program will investigate the purchase and application of paint as well as the motivation for its purchase and use Research will be based on a sample of 30.000 respondents matching the U S Census Bureau's data in terms of loca tion, population density, age and family income Comprised of 54 reports, the program will cover standard metropolitan statisti cal areas (SMSA); four combinations of SMSA; ten individual States and twenty tluee combinations of States; nine cen sus regions; and a U.S. total report. A national subscriber will receive all 54 reports three times a year at a cost of $8,500. It should be noted that the na tional subscriber is getting the equivalent of $100,000 worth of research were he to buy that research himself. Regional sutrscribers may purchase any individual report described above at a cost of $500. They will receive this information three times a year along with a regional and a U S total report. The data emanating from the program becomes the exclusive property ol tire participating companies. To allow all companies to take advantage of this unique oppirtunity, subscriptions will be accepted until July 1. For further information contact Everett Call. Director of Management Informa tion. at Headquarters. t r a d e ma r k w a t c h Tiie following new trademark applications have been filed with the U.S. Patent Of fice and are being published in Coatings as a service of your Trademark Bureau. This is to alert members of marks not yet passed for registration. Members may oppose these marks by writing or phon ing directly to the U.S. Patent Office. Class 16--AGG RE-WALL, CRAFT COLOR. DIAMOND W/DESIGN. EASY WAY W/DESIGN. EASY-WAY. FINALGUARD. FIX-IT. FUN FILM. GRANAL IT. RUST/SHIELD. SNOW COAT. STAIN1T, START WITH A GOOD FINISH. T U W/DESIGN. ULTRA COATING. VINYLGUARD. CHAMPTONE. CHEM SQUAD. CLEARATHANE HENKEL W/ DESIGN. M P R 5. MINGLO SUEDE W/ DESIGN. PYROLANE. RESOLAST. MSDS Workshop Are your customers requesting Mate rial Safety Data Sheets when you sell them something? Do you know how to fill out the new MSDS forms? Do you know what forms are ap proved? Learn all about the Department of Labor's new Material Safety Data Sheet at a two hour workshop in Indianapolis on Wednesday. April 5. Richard Murry, NPCA Assistant Technical Director, will conduct the session, explaining how to fill out the recently approved and re vised form. The workshop will he held at tire In dianapolis Athletic Club. 350 N Meridian from 3;30 to 5:30 p.m. There is no cost for NPCA members and a $10.00 charge to non members. Make your reservation now through Mrs. Blanche Armstrong. American Can Co., 6100 N. Keystone Ave , Ste. 650. Indianapolis. Ind. 46220. Gov't. Involved In Daniel Strohmeier: Luncheon Speaker Daniel D. Strohmeier, President of the Society of Naval Architects and Marine Engineers and one time head of Bethlehem Steel's Shipbuilding Division, will be the featured speaker at the final lunch eon meeting of the 12th Annual Marine Coatings Conference. With the theme "The Technical and En vironmental Challenges of 1972. " the conference will be held April 18 and 19 at New York City's Wal dorf-Astoria Hotel. Business Relocation The Federal government is now in the moving business lo attract new business to the many communities affected by terminated Defense contracts, a special Federal committee- the Federal Inter-Agency Economic Development Committee -- was recently established by a Presidential directive. Composed of seven Federal departments, the committee provides assistance to these communities by do vcloping new strategies for economic expansion and by attracting small busi ness firms to their locations. Since its creation, the committee has been active in 41 communities, replacing well over 30,000 lost jobs. Ttic commit tee still hopes to replace an additional 16.000 jobs. Also involved in the project is the Of fice of Economic Adjustment (OEA) Since 1961. OEA has helped locate new businesses in 42 States and in Puerto Rico Any company seeking to expand or relocate its facilities is urged to write to William J. Sheehan, Oirector of Eco nornic Adjustment, Office of the Secre tary of Defense. The Pentagon. Washing ton, D C 20301. CREDITS AND COLLECTIONS SURVEY National Paint and Coatings Association For January 1972 ANNUAL NET SALES Under $1,000,000 Trade Sales Chemical Coatings All Other ' $1 - $5,000,000 Trade Sales Chemical Coatings All Other Over $5,000,000 Trade Sales Chemical Coatings All Other Combined Figures Total Trade Sales Total Chemical Coatings Total All Other Composites No. of Reports 12 5 4 20 12 20 17 12 16 49 29 40 Average Days 45 31 30 50 43 51 55 44 53 50 39 45 45 No. of Reports 13 5 4 19 11 20 14 7 15 46 23 39 Percent ol Collections 82% 77% 99% 57% 68% 60% 46% 66% 64% 62% 70% 74% 69% Pans 22 Match 7 7. 1972 GLDO017 23 Industry Leaders Object to .06% Lead Testifying March 9 before the Senate Subcommittee on Health, a panel of in dustry leaders objected to the .06 per cent lead level as art "overkill limit" that won't be achieved without "some very serious economic repercussions " William E Hood. Chairman of the Board of Indurall Coatings, began the panel's testimony by explaining the posi tion of tire small paint manufacturer. He charged that restricting lead in interior paints to .06 percent "could not he ac complished without permanent damage" to tire small company's competitive posi tion f or one thing, ho sard, the cost of analyzing the lead content in paints could "easily equal" the present total manufac turing cost for small firms and thus wipe out prolits. Adding that many small com panies use the same equipment for man ufnctuiing all their products. Hood stated that the materials needed to make indus trial coatings could "contaminate" con sumer paints above the .06 percent level industry panel members (l.-r.) Daniel J. Haley. Jr., Finnaren & Haley, Inc.; Robert A. Roland, NPCA Executive V.P.; and William E. Hood, Indurall Coatings, Inc. testify against the .06% lead proposal. Snnntor Harold E. Hughes (Iowa) studies indus trv statements at Subcommittee Heating. Ralph M Levine. Technical Director for tlie Dutch Boy Paint Division of NL In dustries. reported tlrat even with the technology available to the larger manu facturers. finding substitutes for lead driers will require one to two years' re search. Explaining that there are no "off the shelf substitutes for lead driers. Levine stated that while substitutes may exist, "between one and two years' re search will he needed to make the neces sary changes " Levine then challenged the proposed .06 percent standard, claiming that "lead compounds of the types and amounts needed in today's paints do not present a hazatd either to today's or to morrow's children " The Technical Dircc tor charged that tire .06 percent level "is not based on actual, direct scientific find ings of the toxicity of lead in paint." but is rather, "a rationalization from indirect evidence " TElis "indirect evidence." Levine said, is based on the work of Robert A. Kehoe. "Regretfully. Kehoe's data and conclu sions have been misinterpreted in recent years by those whose arguments are piv otal to the .06 percent limit." Explaining that Kehoe worked with highly soluble lead acetate in his studies. Levine pointed to the work of two ottier scientists--Doctors Gage and Litchfield - who conducted animal-feeding studies using actual paint films. The wotk of these authorities, he said, "indicates limits that arc conservatively from 4'/? to 9 times greater" than the 06 percent level. Levine then called for additional re search "to find answers to the important unresolved questions related to lead poisoning and paint." The industry, fro added, is ready to conduct this rcsearcli or is willing to support an independent research program. Representing medium-sized paint companies. John De Gregory, President of Standard Brands Paint Co.. Inc., spoke for the entire industry when he told the Senate Subcommittee, "we would cer tainly never trade the illness of a single child for any amount of monetary gain." Dc Gregory asked for additional time at the 1 percent or .5 percent level to test substitute products and reformulate consumer lines. The research and devel opment costs involved "could amount to hundreds of thousands of dollars." he added In written testimony submitted for the record. Daniel J Elaley. President of Fin naren and Haley, Inc . also presented the case of the small paint manufacturer. Stressing that the .06 percent standard may force many small firms out of busi ness. the industry official warned of in creasing unemployment. "Assuming that each small firm employs an average of one hundred persons, our present serious unemployment figures would be in creased by more than a million and a quarter." he predicted. The written statement of Elmer C. Lar sen. Vice President and General Man ager of the Coatings and Resins Division of PPG Industries, ended the panel's test imony. He proposed the enactment of the 5 peicent standard "for the immediate future" and added that tire suggestion in late 1971 that lead in paints would be regulated at tiro .06 percent level "was a shock to an industry convinced that .5 percent was safe with respect to the pro tection of public health." Larsen proposed the formation of a joint government-industry research pro gram to "permanently resolve" the ques tion of lead in paints. Senator Edward Kennedy, Chairman of the Sub committee on Health, listens to lead testimony- GLD001724 Page 23 March 27. 1972 Legislation: State Alert (Edi'oi's Nolo) We will be keeping you informed of significant pending bills. In so doing, we seek to stimulate individual company ac tion-through testimony or petition --on legislation proposed in that company's State Keep NPCA informed of whatever steps you take. We. in turn, can supply you with full copies of proposals listed below and suggest approaches to the legislation CALIFORNIA - S.280- PESTICIDES: To authorize the public health depart ment to prohibit the use of pesticides to the extent necessary to protect health and the environment A713 AEROSOL SPRAY PAINTS: Defines aerosol .spray paints as "scheduled 'D' poison" to include the product among certain State laws relating to distribution of poisons. HAWAII- H.B.1917 -- HAZARDOUS SUBSTANCES: Establishes require merits for labeling hazardous sub stances A "little" Hazardous Sub stances Law. patterned after the Fed eral Act. empowers State officials to require labeling where Federal Act does not. and impose a bon on items deemed particularly hazardous. KENTUCKY - H.467 - LEAD - BASED PAINT: To prohibit the use of leadbased paint in children's toys or furni ture manufactured, sold or distributed in Kentucky: prohibit paint with over .06 percent lead for other purposes, and require labeling as to lead content MARYLAND - S.591 - PENCIL COAT INGS: Prohibits the manufacture, sale or offering for sale ol any pencil coated with lead based paint. S.736 - HAZARDOUS SUBSTANCES: Establishes requirements for labeling hazardous substancos. A "little" Haz ardous Substances Act, patterned after the Fede/al Act. it empowers State officials to require labeling where Federal Act does not, and permits a ban on substances as the Secretary of Health and Mental Hygiene deems necessary. H.716 and S.948-AEROSOL SPRAY PAINTS: Prohibits the sale of con tainerized spray paints to minors under the age of 18 unless such minor is acting solely as the agent of his em ployer M ASSACHU SETTS-H.3613- HAZ ARDOUS SUBSTANCES: Establish es requirements for labeling hazardous substances. This is a "little" Hazardous Substances Act. patterned after the Federal law. to empower the State Commissioner of Public Health to re quire labeling when the Federal Act does not, and impose a ban on the sale of items deemed particularly haz ardous. MI C HI G A N - S. 1048 - AEROSOL SPRAYS: To require aerosol spray cans, for household use containing vol atile hydrocarbons, to carry a warning label stating that "sniffing or direct in haling may cause death." Violation is a misdemeanor. MISSOURI - H.1057 - LEAD POISON ING: Bars the rental or sale of any dwelling, furniture, household appli ance, fixture or toy having a lead bear ing substance upon any surface. Lead bearing substance is defined as "any paint, plaster on the interior or other substance or material containing one percent or mote of metallic lead based upon total nonvolatile content. Physi cians suspecting lead poisoning in a patient must notify the Slate Public Health Director. NEW YORK A.9812 and S.8432CHILD RESISTANT CONTAINERS: Requires that all pharmaceutical and household products which could be harmful to six-year old children must be packaged in a plastic, metal or glass container which is child-resistant. S.7130 -HAZARDOUS SUB STANCES: Establishes requirements for labeling hazardous substances. A "little" Hazardous Substances Act. patterned after the Federal Act, em powers State officials to require labeling where Federal Act does not. and permits issuance of "stop sale, use. or removal" orders on items deemed particularly hazardous by the Commissioner of Health. A.1136 and S.774-BICYCLE PAINT. Prohibits sale of bicycles manufac tured on or after January 1. 1973. un less coated with non-toxic, lumines cent paint or reflective surface of an approved type capable of being illumi nated by or reflecting headlights of ap proaching motor vehicle which shall make bicycle visible from 300 feet when directly in front of upper beam of head lamps on motor vehicle. A.11318-- AEROSOL SPRAY PAINTS: Makes it a misdemeanor to sell aero sol paint container, marking pen. or other instrument using indelible ink. or paint capable of making single stroke mark greater than Vi of an inch in width. PENNSYLVANIA - H. 1574-PAINTS AND SAFETY: Prohibits the use or manufacture of "hazardous paints" for the protection of workers and promul gates and adopts rules and regulations. Hazardous paints are broadly defined as those "causing adverse effects to the user." ______ TRADEMARKS The following trademarks will be regis tered by the U S. Patent Office unless op posed within 30 days of their publication in the Official Gazette. Details may be obtained from Trademark Bureau, NPCA. Class 1 -- Raw or Partly Prepared Mate rials: Class 4--Abrasives 8i Polishing Materials: Class 6--Chemicals & Chem ical Compositions: Class 12--Construc tion Materials; Class 16 -- Protective 8t Decorative Coatings; Class 29--Brooms. Brushes & Dusters; Class 52--Deter gents & Soaps. Issue of March 14. 1972: Class 1 -- CASCAMID. Class 6-PALMER. Rx PYROL. BLACOSOLV. Class 12-PLAS TI-PAVE. Class 16- FLUORO SURF. EMPHASIZE. "A-1". DESIGN OF PLAID BAND W/CIRCLE, FUN FILM. POLISIGNAL R 29. FOIL ART. JCP. Class 29-JCP Issue of March 21: Class 4 --ECONO FLEX Class 6- LACAMAR. Class 16OCONAGE. Class 29-SUPREL. Pag* 24 Match 27. 1972 GLD001725