Document jgRa2KoRkJ5q7ObVM5k27Jr8N

FILE NAME: Union Carbide (UC) DATE: 1973 Nov 15 DOC#: UC129 DOCUMENT DESCRIPTION: Memo RE Proposed Rulemaking - Asbestos Particles in Food and Drugs INTERNAL CORRESPONDENCE M1NNG AND METALS DIVISION Mr. W. C. Thurber UCC Mining and Metals 38th Floor 270 Park Avenue New York, NY 10017 . Messrs. R. E. Byrne, Jr. R. F. X. Fusaro J. L. Myers F ile P. 0. BOX 579, NIAGARA FALLS, 'JEW YORK 4302 D*' originating Dpt. Anwfing U tter dots subi.ct November 15, 1973 "C a lid ria " Asbestos Proposed Rulemaking - Asbestos P a rticle s in Food and Drugs Fed. Reg. V o l. 38, No. 188, Friday, September 28, 1973 Dear B i l l : John Myers has asked me to review the proposed rulemaking noted above and le t you have rry comments. The move by the FDA is a re s u lt of further pressure and petitions by environmentalists. Although the FDA has backed o ff considerably from the total pro h ibitio n requested, they are continuing to trea t asbestos as an extremely toxic substance. From a s t r ic t ly legal sense, the regulation does not seem in the main to apply to us. In ny opinion, however, from business and possibly ethical considerations i t is highly probable that i t w ill shut us out from any paper or p la s tis o l coating applications that come in contact with food. The use of acidleached asbestos to treat beer may also be in jeopanfy in the U.S.A. . We know that much o f the ta lc industry and at le a st J-M are actively fig h tin g th is regulation. I don't see where UCC has any real s o lid place to attack in an o riginal way. Possibly we could "me too" some of the arguments already presented i f th is would be h e lp fu l. I am scheduled to attend a NI0SH seminar on the effects of ingested asbestos in Durham, N.C. on November 18 and 19. The ta lc industry w ill be present and I w ill try to learn what they plan to do. In the in te r in , i t is suggested that you contact the AIA and see what th e ir plans are. We should then discuss the whole picture on November 21.to s e ttle on a course c f action fo r UCC. Very tru ly yours, HBR:cjb Attachment H. B. Rhodes UCC 010090 W ? it J, COMMENTS PROPOSED RULEMAKING - ASBESTOS PARTICLES IN FOOD AND DRUGS 121.2006 (b) Good manufacturing practice requires that ta lc be free from asbestos fibers to the maximum extent practicable. Accordingly, any food or food packaging material containing ta lc that is not free from asbestos fibers as determined by the method set out in paragraph (c) shall be deemed to be adulterated in v io la tio n of section 402(a)(1) of the act. This paragraph requires that any food or food-packaging material containing ta lc not free of asbestos is prohibited. Mr. Fusaro has stated previously that th is regulation is worded so i t applies only to ta lc con taminated with asbestos not to "pure" asbestos used alone. This is ooviously correct in a legal sense but I feel that we would have a very considerable problem convincing a potential customer that he could hide behind suco a thin lin e . I t is also the type of thing that makes newspaper headlines and New Y o r k e r feature a rticle s. I f we assume that this regulation w ill sooner or la te r be applied to "pure" asbestos, i t w ill have the e ffe ct of ruling us out of paper or p la stiso l coatings fo r any food packages and out of the use of acid-leached asbastos for beer processing. On this basis we have a very real and d ire c t in te re st to protect. 133.6 Components This paragraph covers ta lc in the manufacture and packaging of drugs. I t also presents problems but seems to represent too small a market to figh t for. 133.8 Production and Control Features The paragraph severely lim its the use of asbestos containing f ilt e r s in the manufacture of parenteral drugs. The market here is small and the arguments harder to come up with compared to the food area. We should probably forget it . H. B. Rhodes 11/15/73 UCC 010091