Document dkVqrYVvMNkMK0x1N6xDrNj5

TELEPHONE HUDSON 3-9128 Manufacturing Chemists' Association, Inc. (POUNDED MTS) 1825 Connecticut Avenue, N. W. Washington 9, D. C. L-539 PLAINTIFF>S exhibit C**A<76 MINUTES OF MEETING LABELS AND PRECAUTIONARY INFORMATION COMMITTEE MCA Offices, Washington, D. C. September 17-18, 1963 present H. H. McIntyre, Chairman C, B. Shaffer, Vice Chairman L. W. Burnette Robert H. Dewey Chester L. French j. T. Fuess Joseph T. Gormally James W. Hammond Edward J. Hogan Edward J. Masek J. A. Mooney Thomas W. Nale, M. D. Richard F. Philpitt G. Robert sido Donald P. Smoot F. D. Sparre R. G. Troup N. E. Wendt F. G. Stephenson, Staff Repre sentative and Secretary The Dow Chemical Company American Cyanamid Company General Aniline & Film Corp. Commercial Solvents Corporation Mallinckrodt Chemical Works Distillation Products Industries, Division of Eastman Kodak Company Pennsalt Chemicals Corporation Humble Oil & Refining Company Allied Chemical Corporation Diamond Alkali Company FMC Corporation Union Carbide Corporation Olin Mathieson Chemical Corporation Monsanto Chemical Company Stauffer Chemical Company E. I. du Pont de Nemours & Co., Inc. J. T. Baker Chemical Company American Potash & Chemical Corporation Manufacturing Chemists' Association PRESENT PART-TIME General G. H. Decker F. H. Carman J- R. Carnes Manufacturing Chemists' Association Manufacturing Chemists' Association Manufacturing Chemists' Association GUESTS Arthur W. Sheldon Morris B. Lore M & T Chemicals Inc. E. I. du Pont de Nemours & Co., Inc, ABSENT LJohn F. Osterritter, M. D. N. G. White Celanese Corporation of America Shell Chemical Company I*-54o Chairman McIntyre opened the meeting at 9:15 a.m. He introduced the guests. Minutes of the May 14-15, 1963 meeting were approved as dia. tributed subject to changing the words "more than" to "almost" in the 4th line of the second paragraph of item 3.42. 1.1 MEMBERSHIP (a) The committee stood for a minute of silent respect to the memory of Sanford J. Hill who passed away in June 1963. Mr. Hill was a founder member of the committee and played a major role in the development of the MCA system of labeling. It was unanimouslv resolved to forward a gift of money for use by the main library of the Massachusetts Institute of Tech nology of which Mr. Hill was an alumnus. (b) Committee membership The chairman discussed'the need for balanced membership, particularly in the matter of personal qualifications. A review of the current membership is under way. 1.2 REPORTS OF STANDING COMMITTEES Dyestuffs - no report Pesticides - no report Public Relations - no report 1.3 REPORTS OF LIAISON MEMBERS ON ALLIED COMMITTEES 1.3.1 CSMA Mr. McIntyre reported that an up-dated edition of the CSMA compilation of hazardous substances labeling laws will be issued, with an introduction discussing preparation warning labels. Final decision on issuance of a guide to use of Manual L-l on preparing precautionary labeling for hazardous household products has been deferred until the CSMA write-up is available. 1.3.2 API Mr. Hammond reported as follows: On July 11, 1963, Deputy Commissioner John L. Harvey expressed the opinion of FDA on the question of labeling of petroleum distillates with viscosity as an index. FDA would not accept L-541 the recommended viscosity of 45 SSU at 100 F even where the mineral oil contained no additive. They were not convinced f that the products tested and submitted as proof were repre sentative of all petroleum oils. It was requested of API to furnish additional data on petro leum distillates. This information is now being prepared by three members of the API Committee on Precautionary Label ing. Mr. Harvey indicated that FDA would accept a viscosity of 70 SSU at 100 F for a breakpoint at which it would not be necessary to label products as "petroleum distillates for household use". 4 On August 16, Commissioner Larrick of FDA wrote to Mr. Frank Ikard, President of API, regarding the distribution of the bulletin "Petroleum Products and the Law". API has entered into a program to distribute some 60,000+ copies of this bulletin. Many petroleum companies are preparing their re vision of the information contained in the bulletin for re tail and service station dealers of petroleum distillates to make the dealer aware of the responsibility under the Federal Hazardous Substances Labeling Act. Humble is one of those companies who has prepared their own revision. One of the matters receiving consideration by API in FDA Publication No. 17 is the instruction that glass containers should be definitely marked as breakable or the equivalent. As pointed out in the bulletin, these containers are pro hibited by many fire department regulations. 1.3.3 NPV&L Mr. Sparre reported that the NPV&L labeling committee is preparing a labeling conference between its members and the representatives of Federal and State agencies to develop more uni formity in labeling of hazardous substances used in the paint in dustry. It is expected that problems of weights and measures decla rations will also be discussed. NPV&L is also planning an inter-association conference in June, 1964, dealing mainly with the development of model regula tions for weights and measures. 1.3.4 ACGIH Mr. Hammond reported as follows: The ACGIH bulletin of Threshold Limit Values for 1963 is now available. Many of the 1962 tentative values were L-542 adopted in the 1963 values. The Committee on Threshold Limit Values s now preparing recommendations for 1964 Threshold Limit Values. It is being considered to adopt 50 ppm for Cg-C-^g and 25 ppm for -C12 range of aromatic hydrocarbons and commercial solvents containing 4096 of those compounds. The recommenda tion is based chiefly on sensory effect and irritation to Otlji membranes. The LAPI members are invited to comment on any ac~' tion of ACGIH, and these comments will be passed along to the' proper officials in ACGIH. 1.3.5 CGA Mr. Philpitt reported that CGA is still working on re vision to pamphlet C-7 on Compressed Gas Containers. 1.3.6 NPPA (a) Mr. Sparre reported that he had been asked by NFPA to assist in the work of revising NFPA No. 326, "Warning Labels for Containers -of Flammable LiquidsWith Flashpoints Not In Excess of 150 F." in place of Mr. Sanford Hill, deceased. Since Mr. Sparre prefers to retain a personal membership on the committee, it was agreed to recommend that MCA should nominate two other LAPI com mittee members to represent the Association. The chairman named Mr. Burnette and Mr. Wendt. (b) Mr. McIntyre reported that the NFPA Committee on Fire Hazards of Materials will meet on September 19 to review ex perience obtained through industry use of NFPA 704 M. 1.3.7 DCAT - No report 1.3.19 Copies of an article on Glue Sniffing by Dr. H. Jacobziner of the City of New York Department of Health were distributed to members of the Committee. * Mr. Hogan reported that at a meeting in New York on August 1, called by HIAA, it was agreed that an effort should be made to extablish a chemical coordinating committee composed of public re lations representatives of interested associations. It was hoped that associations would provide lists of individuals who would be available to act as field representatives of this coordinating committee to work on glue sniffing problems wherever they may arise 1.3.20 Ad hoc Committee on Environmental Health Mr. Fuess reported that the recommendations of the MCA L-543 aCj hoc Committee have been submitted to the Executive Committee of the Board of Directors. t 1.3.21 Joint Committee on External Markings on Motor Vehicles Mr. Mooney reported that there are no further developments in this matter but that it is anticipated that the joint committee will meet shortly. Mr. Sido was appointed to replace jjr- Hogan as the LAPI Committee's second representative on the joint committee. 2.1 FEDERAL LEGISLATION (a) Mr. J. R. Carnes, MCA Director of Government Relations, reported on the status of federal legislation of interest to the committee, particularly the "Truth in Packaging" bill, HR 4487 and the Ribicoff pesticide hearings. (b) Labeling of Household Pesticides Members were provided with copies of the proposed revi sions to the regulations for the enforcement of the Federal In secticide, Fungicide and Rodenticide Act. The chairman appointed Messrs. Sparre and Philpitt to prepare comments on the proposed revisions. These comments will be circulated to the whole committee for review and the final copy will be forwarded to CSMA and NACA for information before it is submitted to the Department of Agriculture. 2.2 STATE LEGISLATION 2.2.1 California Mr. French read a report by the California Manufacturers Association entitled "Glue Sniffing Issue Settled". "Ammendments to AB 1788 by Assemblyman John Quimby (D), San Bernardino, remove from manufacturers any responsibility for those who "sniff glue" to produce an intoxicated or exhilarated state; The responsibility is placed on the person who commits the act. The manufactare and use of toxic glues will be studied during the interim period." 2.2.11 Virginia Mr. Sparre reported that the NPV&L will protest the "stop-sale" clause in the proposed hazardous substances labeling law. 2.2.22 Connecticut Mr. Mooney reported that the bill to require the use of poison label on all hazardous substances had been killed in committee L-544 2.2.32 Oklahoma Mr. Hammond reported that Oklahoma Senate Bill No. 26 has become law in that State. Article 16 regulates marketing of substances in containers intended or suitable for household use. The Act, in general, follows the principles of the Federal Hazard ous Substances Labeling Act. 2.2.34 Florida report. Mr. Shaffer stated that he had nothing further to 2.2.41 Idaho Mr. French stated that he had nothing further to report, 2.2.43 Alaska port. Mr. French stated that he had nothing further to re 3.0 REPORTS OF AD HOC SUBCOMMITTEES (a) Chemical Safety Data Sheets ( 3.32 Sulfuric Acid The secretary reported that a revised edition of this Safety Data Sheet has new been published. , i 3.42 Anhydrous Ammonia The secretary reported that General Decker, MCA presi dent, had requested a letter ballot of MCA member company manufac turers of anhydrous ammonia as a means of indicating the overall member company position in this controversy. The Ballot form was accompanied by a letter by General Decker analyzing the problem, and by a memorandum by Mr. McIntyre, chairman of the LAPI Committe, ; detailing the committee's reasons for changing the signal word for i anhydrous ammonia from "WARNING" to "DANGER". j The matter will be submitted to the MCA Board of Directors for resolution, possibly at the November, 1963 meeting. The chairman appointed Dr. Nale, Mr. Masek and'Mr. Sparre to prepare the LAPI Committee's presentation. L--545 3.31 Phenol Mr. Sido was appointed chairman of a subcommittee to review the precautionary label in the light of information con tained in the text for the revision of the current edition of thi3 Chemical Safety Data Sheet. (b) Sensitization Mr. Shaffer discussed the advisability of recognizing sensitization in the illustrative labels in Manual L-l, and sug gested possible statements for use. No decision on wording was reached, but it was agreed that consideration would be given to labeling of known strong sensitizers in the next version of Manual L-l. (c) Special statement in Chemical Safety Data Sheets It was resolved that the special statement as drawn up by Mr. Masek, and used in Section 7.2.2 of the 1963 edition of SD-20, Sulfuric Acid, should be used in future editions of Chemi cal Safety Data Sheets, with modifications as necessary. (d) Mono-, Di-, and Triethylene Glycols The subcommittee of Messrs. Philpitt, Nale and Hogan submitted a detailed report reproduced as Appendix A attached. The report included a recommendation for use of the following precautionary label text for mono-ethylene glycol used for in dustrial purposes: ETHYLENE GLYCOL CAUTION! DO NOT TAKE INTERNALLY The report also stated that present knowledge and experience does not indicate the necessity for precautiqnary labeling of di- and tri-ethylene glycols. After some discussion it was moved, seconded and carried by a vote of 9 to 5 that the subcommittee's recommendations be adopted. 5.0 MANUAL L-l (a) Guide Subcommittee It was agreed to take no further action regarding the Guide to the Use Of Manual L-l in Preparing Labels for Household Products pending committee review of the revised edition of the L-546 publication o Compilation of Labeling Laws and Regulations for Hazardous Substances being prepared by CSMA. (b) Mr. Shaffer suggested that the committee should con sider the inclusion of a compendium of precautionary labels for basic chemicals in the next edition of Manual L-l. No action was taken on the suggestion pending further consideration. No decision was made as to when the next edition will be published but the subcommittee is to proceed with preparatory work so that the time required to publish the next edition can be kept to a minimum* Mr. Shaffer stated that the Manual L-l subcom mittee will revise the precautionary label study sheets, and de velop toxicity study sheets where necessary. It was also sug gested that Manual L-l include a list of basic chemicals not requiring precautionary labeling. 18.0 RULES OP ORGANIZATION AND PROCEDURE (a) Status of Present Rules Copies of a letter from MCA legal counsel commenting on the Committee's Rules of Organization and Procedure were dis tributed;' These comments will be taken into account in the de velopment of new rules which will be prepared for review at a later meeting. (b) Revised Terns of Reference The "function" paragraph used in conjunction with the LAPI Committee membership list in the MCA official publication of "Officers, Board of Directors, Committee Members" has been revised to recognize the inclusive interest of the committee in labels for and the labeling of chemicals, it was recommended that new terms of reference based on an elaboration of this para graph be included in the revised Rules of Organization and Pro cedure . t M E t (c) The chairman proposed a reorganization of the committee as suggested by the following chart: L-547 MANUFACTURING CHEMISTS' ASSOCIATION LABELS AND PRECAUTIONARY INFORMATION COMMITTEE ORGANIZATION CHART Hanual Revisions; 8nsitization; Degradation; Definition of Flammable Li quids New Product Labels; Label Revisions; Safety Data Sheets; Pesticides; Dyestuffs Federal Legis lation State Legisla tion City Ordinances Fire Codes Model Act * Liaison with other organizations; Public Relations; Memberships; Guide for House hold chemicals * Could go to "special projects" if necessary. Subcommittee chairmen were appointed as follows: Manual Label Preparation Legislative Special Projects - C. B. Shaffer - R. F. Philpitt - F. D. Sparre - J. T. Gormally Final details of the proposal will be presented at the next meeting f the Committee. k SSSjffiETING The next meeting will be held at the Sheraton Park Hotel, Washington, C. on January 14-15, 1964. ^tes Subject to Approval ' cm ?/63 APPENDIX A 9/16/63 MEMBERS OF LAPI COMMITTEE Report of Ethylene Glycol Subcommittee As recommended by the Chairman, a meeting of this subcommittee was held in New York City on August 27, 1963 to review current data available and determine if precautionary labeling for ethylene glycol was justified on the basis of these facts. The subcommittee decided to also include diethylene glycol and triethylene glycol in this review. A search of LAPI Committee Minutes, for prior action on these chemi cals, revealed that in 1945 on the basis of facts available at that time it was determined that no precautionary texts were needed for these chemicals. Dr. T. W. Nale reviewed the chemical and physical properties of these three chemicals as well as current animal toxicity data. This information revealed that the LD^q's were as follows: Ethylene Glycol Diethylene Glycol Triethylene Glycol - 8.54 grams per kilogram - -20 grams per kilogram 22.6 grams per kilogram It should be noted that each of these are above the 5 gram per kilo gram FHSLA classification. To complete our review a discussion was also held concerning human experience with these three chemicals over the past 20 years. After carefully reviewing all information, the subcommittee concluded that although ethylene glycol can be classified as a lew order of toxicity, human experience and animal data indicates that it is toxic if ingested. In view of experience within industry of the deliberate ingestion of various alcohol type materials and the fact that single dose oral toxicity to humans is greater than to animals a precautionary statement against ingestion should be considered. Vapor and mist studies for ethylene glycol indicate that there is almost no hazard from this source, therefore, the subcommittee did not feel that precautionary statement concerning the inhalation of i vapor and mist was warranted. The subcommittee therefore recommends for consideration the following precautionary label text for ethylene glycol when used for industrial purposes: CAUTION! Do Not Take Internally. In view of the fact that current data does not reveal experience of deliberate ingestion by humans of diethylene or triethylene glycols the subcommittee cannot recommend for consideration any precautionary texts for these chemicals when used for industrial purposes. The subcommittee would further recommend that the precautionary text developed and approved for ethylene glycol does not have to be in cluded in the next edition of the Manual. The Manual now contains sufficient illustrative precautionary texts for chemicals of very moderate hazard, such as chlorinated naphthalene and coal-tar creosote. The addition of another such illustrative text would not illustrate anything that is not already covered in our Manual. Attached are copies of Toxicology Studies on these three chemicals and a special memorandum on ethylene glycol, prepared by Dr. T. w. Nale, for your careful review and consideration. Respectfully submitted, R. F. Philpitt, Chairman E. J. Hogan T. W. Nale, M.D.