Document gadYNywJxV360dZ7xBYY8z2wN

TELEPHONE HUDSON 3-61-2G Manufacturing Chemists' Association, Inc. (FOUNDED I872i 1825 Connecticut Avenue. N. W. Washington. D. C. 20009 L-563 PLAINTIFF'S exhibit CMA-179 MINUTES OF MEETING LABELS AND PRECAUTIONARY INFORMATION COMMITTEE A Offices, Washington, D. C. October 6-7, 1964 present H. H. McIntyre, Chairman C. B. Shaffer, Vice Chairman L. w. Burnette The Dow chemical Company American Cyanamid Company General Aniline & Film Corporation C. U. Dernehl, M.D. Union Carbide Corporation r. H. Dewey j. T. Fuess Commercial Solvents Corporation Distillation Products 'Industries, Division of Eastman.Kodak Company j. t. Gormally j. w. Hammond Pennsalt Chemicals Corporation Humble Oil & Refining Company E. J. Hogan E. J. Masek Allied Chemical Corporation Diamond Alkali Company J. A. Mooney FMC Corporation j. F. Osterritter, M.D. Celanese Corporation of America R. F. Philpitt Olin Mathieson Chemical Corporation A. W. Sheldon M & T Chemicals, Inc. G. R. Sido Monsanto Company D. P. Smoot Stauffer Chemical Company F. D. sparre E. I. du Pont de Nemours & Co. J. R. Stevens, MCA Board of J. T. Baker Chemical Company Directors'Liaison Representative R. G. Troup J. T. Baker Chemical Company N. E. Wendt American Potash & Chemical Company N. G. White Shell Chemical Company F. G. Stephenson, Secretary Manufacturing Chemists' Association ABSENT C. L. French Mallinckrodt Chemical Works t Dr. J. R. Stevens, MCA Board of Directors' liaison repre sentative to the LAPI Committee was introduced and welcomed to the meeting. L: Minutes of the May 5-6, 1964 meeting were approved as dis tributed. L-564 L GENERAL 1-1,1 Membership It was unanimously resolved to recommend to the Board of Directors that Mr. A. W. Sheldon of M & T Chemicals Inc. be ap pointed a member of the committee. 1.1.3 Rules of Organization and Procedure Mr. J. T. Fuess distributed conies of a draft of a proposed general statement of the scope and function of the com mittee, It was agreed that members should send written comments to Mr, Fuess from which a proposed final draft can be prepared and dis tributed to the committee for review and possible adoption at the next meeting. 1.1.5 Next meeting The next meeting will be held at the offices of American Cyanamid Company in New York City on January 26 and 27, 1965 1.2 REPORTS OF STANDING SUBCOMMITTEES 1.2.6 Subcommittee on Court Cases Mr. E. J. Masek discussed several court cases concerned with precautionary labeling. The chairman invited comments on this newly introduced item of the committee's agenda. 1-. 3 REPORTS OF AD HOC SUBCOMMITTEES 1.3.3 Sensitization Dr. C. B. Shaffer stated that he is preparing a pro posed definition of a "sensitizer" which will be circulated to the committee prior to the next meeting. 1.4 REPORTS OF LIAISON MEMBERS ON MCA COMMITTEES 1.4.1 Environmental Health Advisory Committee Mr. J. T. Gormally reported that the committee has recommended organization of a "Pesticide fact-finding tour" for 40 or 50 high level representatives of Congress, Federal agencies, conservationists, and industry. The tour would include visits to a number of locations in the country to hear presentations and see work in progress by experts in the pesticides field. The "tour" concept has received the backing of the MCA Board of Directors and will be officially sponsored by the National Academy of Sciences. L-565 1.4.21 Joint Committee on External Markings for Motor Vehicles Mr. J. A. Mooney stated that he had no development to report in this matter. 1.4.22 Intercommittee Task Group on Pyroforic Materials Mr.H E Wendt reported that LAPI interest in this Task Group's activities is presumed to be primarily 1. The proposed definitions for Pyroforics 2. Any precautionary labels to be recommended for such materials. At the last LAPI Committee meeting he had reported that the Task Group had decided that the ICC definition for flammable solids is adequate for present purposes, and no special definition for pyroforic solids is required. subsequently it has been suggested that this definition be amended to include pyroforic metal powders and some definite proposals are being considered. He had also reported the Task Group's proposed definition for pyroforic liquids, and LAPI Committee comments were requested. Comments received from 8 LAPI members were discussed with Task Group members and as an outcome of these discussions, Mr. Wendt wished to point out that: (a) The Task Group has confined itself to a definition which is intended to be for use in transportation, in line with its assignment for recommendations to ICC. It may not be applicable or acceptable else where, just as the ICC definition for a flammable liquid is not accepted under the New York City Fire Cod. * It should be noted the definition is built upon, or supported by, a definite test method for determining a pyroforic liquid. (b) Pyroforic liquids are flammable liquids as referred to in the Regulations 73.115(a). The word "flammable" was put in the definition for a purpose. The defini tion is intended to include those liquids which would be flammable under paragraph (a) but which, because of their "pyroforicity" cannot be tested by the Tag method. In addition,the words "flammable liquid" serve to exclude such materials as acids and oxidants. L-566 \L an informal meeting September 1L, of representatives of ^t-mbors on the Task Group, it was decided to retain the defi nite':'.. " : be'.no recommended tc ".he f'-'o parent committees (Chemical PacKaging; and Committee on Tank Cars, Tank Trucks, and .ertab'e ^anke) at their meetings now or shortly being held. The r-ncommended definition is: V. pyroforic liquid is a flammable liquid (See Sec. 7 3.i15 (a) of the ICC Regulations governing the transportation of hazardous commodities) chat become self-igniting when exposed tc normal atmospheric conditions incident to trans portation . ` The Task Group has also studied and approved the Bureau of Explosives' apparatus for determining pyroforicity. Tests on various materials have been made in it. private laboratory using different material quantities and a different test method, has been able to check the Bureau's results. Several commercial testing laboratories ape reported building equipment to perform pyroforicity of flammable liquids tests. A write-up of the test method, with accompanying print of the apparatus used, has been prepared. It will be available after final approval .of the parent committees. Some time ago the Task Grcup agreed that the "Red Label" required by ICC Regulations for flammable liquids would be adequate for pyroforic liquids and no compulsory special label need be recommended for inclusion in the Regulations. Despite thi .* action, people from several companies have expressed the:r feeling to Mr. Wendt that it is desirable for a short concise "libel', earning against the special hazards of pyroforic liquids, to bo made a part of the Regulations. They propose this label, placard or tag be pLaced near the outlet of the container (tank .ar, tank truck, cargo cylinder, etc.). This would be in addition to the ICC Red Label. Mr. Wendt asked if the Committee (1) approves and/or recommends use of such a label on pyroforic liquids and (2) if it is thought it should be a compulsory label required by the Regulations. If the Committee dec ides .affirmatively, the following wording might be satisfactory: (Name of Material) DANGER, PYROFORIC LIQUID EXTREMELY FLAMMABLE May ignite spontaneously when exposed to air May react dangerously with water or other liquids (Other precautionary statements, applicable to the Specific material, would need by added by shipper)'. At the meeting in September the Task Group requested LAPI Committee to prepare an illustrative pyroforic liquid label, such as for triethylaluminum. Applicable data will be obtained and a label drafted for committee approval. L-567 Mr. Wendt invited members to give serious consideration to the proposals and to send him written comments. 1.5 REPORTS OF TRADE ASSOCIATION LIAISON MEMBERS 1.5.2 CSMA Mr. Sparre reported: New Jersey Bill A670 requiring labeling of bleaches to warn against mixing with other household chemicals has not been signed. CSMA have been advised that they may submit viewpoints before any final action is taken by the State governor. The CSMA Labeling Committee is considering (a) a labeling manual for aerosols (bX preparation of model regulations designed to bring State pesticides acts more in line with PIFRA (c) a recommendation regarding the declaration of arsenic content of glycol base antifreezes. 1.5.3 API Mr. J. W. Hammond reported that the API committee on precautionary labeling is studying the hazards of certain metal sulfonates particularly from a viewpoint of eye exposure. 1.5.4 NPV&L Mr. Sparre reported that the NPV&L label committee, at the request of the California Industrial Safety Committee, is studying the hazards of epoxies from a precautionary labeling viewpoint. This study includes the problem of sensitization. 1.5.5 ACGIH Mr. J. W. Hammond distributed copies of a document he had prepared entitled "Observations on Threshold Limit Values, Maximum Allowable Concentrations, and Labeling Relationship." In 1964 the Threshold Limit Value Committee of ACGIH pub lished TLV's for 11 new materials and revised TLV's for 12 other materials. Dr. C. U. Dernehl said that the MCA Medical Advisory Com mittee has recently decided to write to the chairman of the ACGIH committee offering the cooperation of MCA in establishing or revising TLV's. L-568 1.5.7 NFPA Mr. H. H. Mclnture reviewed activities of certain NFPA committees in areas affecting precautionary labeling, par ticularly NFPA #30, #49 and #325. NFPA activities could lead to significant changes in current precautionary labeling principles and therefore participation'in these NFPA activities by chemical industry labeling representatives is desirable. 1.6 INTERNATIONAL ACTIVITIES 1.6.2 ILO Possible methods of establishing closer contact with the ILO in matters of precautionary labeling were discussed and the secretary was requested to see what can be done in this matter. 2. REGULATORY ACTIVITIES 2.1.2 FIFRA Mr. Sparre reported that a new revision of Interpre tation 18 of FIFRA is being developed. Industry has not been con sulted to date and nothing can be done until a draft is circulated. A notice dated September 15, 1964 from the U.S. Department of Agriculture to registrants of economic poisons regarding changes in labeling requirements was made available for duplication and distribution to the committee. A copy is attached to these minutes. 2.1.8 Weights and Measures Mr. F. D. Sparre reported that the MCA inter-committee group on Weights and Measures had prepared a commentary on the "Model" law developed by the National Conference on Weights and Measures, sponsored by the National Bureau of Standards. This commentary has been distributed to MCA membership via., the MCA General Bulletin No. 909 of October 5, 1964. 2.2 STATE 2.2.5 California Mr. F. D. Sparre reported that in a letter dated August 13, 1964 MCA wrote to the Director of the California State Department of Agriculture recommending that "industrial type" packages be exempted from the requirements dealing with type sizes and location of the principal panel as indicated in the State's proposed Standards of Weights and Measures to be included in the California Administrative Code. Jb 2.2.22 Michigan Weights and Measures Law L-569 Mr. H. H. McIntyre stated that this law substantially w3 the weights and measures model law except that the requirement ? "price: and "statement of contents" shall be "closely and conspicu- thgXy associated" shall not apply to products for agricultural or hortiural use where the custom is to state the number of objects or amount faacea which can be treated per package unit and the number or area is stated< so COUNTY AND MUNICIPAL 2.3.2 New York City Fire Code Mr. F. D. Sparre reported that CSMA has filed an appeal ith the Board of Standards and Appeals from the rejection by the Fire partment of the request to exempt glycol antifreezes from the com bustible labeling requirements of the Fire Department Code. 3. PRECAUTIONARY LABELING 3.1 MANUAL L-l Members were requested to write to-Dr. C. B. Shaffer and express opinions as to the need to issue another revision of "Guide to Precaution ary Labeling of Hazardous Chemicals." 3.2 SAFETY DATA SHEETS Acrylonitrile (3.2.31) The following label was approved: ACRYLONITRILE DANGER: VAPOR HAZARDOUS FLAMMABLE t L Liquid penetrates leather shoes causing delayed bums. Wear rubber boots in spill area. Do not breathe vapor. Do not get in eyes, on skin, on clothing. Use only with adequate ventilation. Keep away from heat, sparks, and open flame. Keep container closed. In case of contact, immediately remove all contaminated clothing, including shoes, and flush skin or eyes with plenty of water for at least 15 minutes; for eyes get medical attention. Wash clothing before re-use. Dis card contaminated leather shoes. 8 POISON 8 First Aid (in addition, INCLUDE the same First Aid and Antidote as recommended for CYANIDES, INORGANIC.) L-570 Perchloric Acid and Trichloroethane Copies of final drafts for these sheets together with pro posed labels will be circulated to committee members. Warning label study sheets Warning label study sheets should be obtained whenever pos sible. Mr. H. H. McIntyre undertook to provide study sheets for trichloroethane. 3.3 TRANSPORTATION EMERGENCY GUIDES (MCA CHEM-CARDS) Dr. C. B. Shaffer reviewed the history of the program to date? the publication of the first 14 chem-cards by the Technical Committee on Rocket Propellant Safety? the recommendation by the National Tank Truck Carriers Inc. that the program be developed to cover other hazardous chemical materials moved in bulk? the formation of an inter-committee task group to develop the "second phase" of the program? the preparation of a "Guide for the Prepara tion of MCA Chem-Cards"? and development of drafts for 29 addition al chem-cards. The overall program, he said, is based on an indi vidual's "need to know." During the lengthy discussions which followed,a series of objections were raised to the program as it new exists. Some of these objections were as follows: I. Chem-card recommendations in many cases exceed those of precautionary labels. Will a manufacturer who simply uses the LAPI precautionary label on his drums be deemed negligent because he has not included the more extensive precautionary statements appearing in the chem-cards? II. Assuming that the obligation to supply chem-cards will fall on the shipper (manufacturer)? if a manu facturer does not provide a chem-card for a., hazardous product will he be deemed negligent for not doing so? III. Chem-cards are being written for a.number of products. Does this not commit manufacturers to write chem-cards for all hazardous products which they ship by tank trucks? After extremely lengthy debate, a motion was duly made and seconded and it was unanimously resolved: "That the LAPI Committee is of the opinion that there may be in the chem-card program, Xas present- L-571 ly constituted, legal consequences to MCA, to member companies and to non-mentor users, of sufficient magnitude to warrant submission legal counsel for opinion and the Board of Directors for approval before the program is further released for use." to Minutes subject to approval. FGS:cm 10/16/64 Attachment: Appendix A f APPENDIX A UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL RESEARCH SERVICE pesticides regulation division WASHINGTON 25. D.C. September 15> 196^ NOTICE TO REGISTRANTS OP ECONOMIC POISONS Changes in Labeling Requirements Attached Is a copy of the Regulations for the enforcement of the Federal i insecticide. Fungicide, and Rodenticide Act as revised on August 29, 19^^. | Changes in economic poison labeling requirements brought about by this revision and the amendment to the Act on May 12, 1y6h are as follows: (l) All labels must bear the statement "Keep out of reach of : children", a singal word such as "DANGER", "WARNING", or I "CAUTION" as prescribed in interpretation 18, revision 2, and other required warning statements or seme reference to other warnings such as "See other warnings on back ; panel", on the front panel or that part of the label disi played under customary conditions of purchase. j The signal word and the statement "Keep out of reach of children" must be of a size bearing a reasonable relation ship to the other type on the front part of the label and to the size of the container. Hie signal word shall not be ' less than 18 point type and the statement "Keep out of reach of children" shall not be leas than 12 point type, unless the label space on the container is too small to accommodate such type sizes. The following table will serve, as a guide for the type size requirements on various sized labels. Size of Label on Front Panel In Square Inches Signal Word as Required Minimum Type Size All Capitals "Keep out of reach of children" as required 5 and under above 5 to 10 above 10 to 15 above 15 to 30 over 30 6 point 10 point 12 point 14 point l8 point 6 point 6 point 8 point 10 point 12 point (over) J 2 In addition to the above, the front panel of labels for economic poisons vhich are highly toxic to man must bear the signal word "DANGER", the skull and crossbones in immediate proximity to the word "POISON" in red on a con trasting background, and an antidote statement and other required warning statements or seme reference to an anti dote statement and other warnings such as "See antidote and other warnings on back panel". [Sections 362.6 (g) and 362.9] (2) All labels must bear the registration number assigned to the product at the time of registration. It must be preceeded by the phrase "USDA Registration No." or the phrase "USDA Reg. No." and may be placed anywhere on the label. However, it must not appear in a manner which would make it misleading to the public. [Sections 362.6 (a) & (f)j 362.10 (d)] (3) Labeling of economic poisons must not bear any unwarranted claims as to the safety of the product or its ingredients including a statement such as "SAFE", "NONFOISONOUS", "NONINJURIOUS", or "HARMLESS" with or without such a quali fied phrase as "When used as directed". A truthful statement such as "Nontoxic to humans and pets" may be permitted on those products which are determined by the Pesticides Regulation Division to be nontoxic to humans and pets. [Section 362.14 (a) (5)3 Requirement No. 1 is presently effective for all labeling submitted for registration or re-registration. It will become effective on January 1, 1965 for labeling vhich was accepted for registration prior to the original effective date. Requirements No. 2 and 3 will become effective on November 1, 1964 for labeling accepted for registration or re-registration on or after that date. They will become effective on July 1, 1965 for labeling accepted for registration prior to November 1, 1964. Duplicate copies of revised labeling should be submitted to the Registration Section, Pesticides Regulation Division, Agricultural Research Service, United States Department of Agriculture, Washington, D. C. 20250.