Document mBJE69qX7VEJdNrabLw1OXGLg

liXiAL ,k & LEGISLATIVE BULLETIN k i/'i *>r* r ' ,J t' 000 ooo r\pc No. 9 March 9, 1973 TOPICS: A. Load in Point -- Recant Developments 1. Legislative propoMli -- Federal and State 2. Massachusetts Load Law -- Exemptions and Labeling Requirements 3. Detroit Leed Ordinance -- trill pending B. Poiion Prevention Packaging Act 1. "Special-packaging" propotal for paint solvent* 2. Turpentine and methyl alcohol regulation* to became effective April 11th C. Federal Legislation -- Consumer Protection Agency bill revived n at io n al s ain t a c o at in g s ASSOCIATION * ine*g l*He t* **<egie a e to C*-*e*e' digging Il'H ff- fMM (> dtpuesl. A kr< Executive Synopsis This Bulletin reports recent development* on the following: A. Lead in faint -- Pending legislative and regulatory proposals at Federal, State end local level* which could have significant impact on the industry; labeling requirement* proposed by Massachusetts end Detroit which require immediate attention. B. Child-protection packaging standards proposed for paint solvents (copy enclosed), and -- situation report on standards for turpentine and methyl alcohol, scheduled affective April llrh. C. Consumer Protection Agency bill revived by 93rd Congress. ACTION REQUIRED. Parts A. 2 and 3 and B. 2 require immediate attention. CONTACT AT NPCA. Office of Legal and Government Relations. - 0007-SWP-036742 N21900 o. Intervene and participate in virtually all proceedings conducted by ether federal agencies, both formal and informal, whenever the proceedings "substantially affect an important interest of consumers " b. Request other federal agencies to initiate o proceeding or lobe other action c. Utilize the subpoena power of the "host" agency for summoning witnesses, . producing boobs and papers, copying of documents, etc. d. Intervene upon request of local officials in any State or local ageney or court proceeding, except criminal matters, whenever on important interest of consumers is involved. e. Obtain judicial review of any federal agency action and intorvana in any civil proceeding in a U.S, court involving tho review or enforcement of a federal agency action. This intorvontion authority artists oven if CPA did not participate in tho federal agency action in question unless the court determines that intorvontion would bo detrimental to the interests of justice. f. Receive complaints from consumots and forward them to the cognizant agency for action. Such agency must koap CM informed of action taken. (Tho complaints ore generally also mada aval labia for public impaction end copying.) g. Conduct research, studies, investigations, and surveys concarning th interests of eoniumett. (To carry out these functions, CM is given broad informationgathering powers, including authority to require reports ond answers to specific questions from businesses under oath.) h. Obtain aceess to the files of other federal agencies. i. Make public disclosure, within certain limitations, of infomatian received. j. Moke grants to State and local agencies to establish ond oparate their own consumer protection programs. (The bill authorized $60 million for two years for rhis purpose.) Many businesses at ana time or another, and same regularly, hove extensive dealings with numerous federal agencies, such as FDA, ICC, NLRB, EPA, DOT, etc. The thought of having e second prosecutor or adversary in any or all of these matters ond in any subsequent judicial proceedings is a staggering concept. The impact this legislation could hove an the entire business community is tremendous. 0007--SWP--036743 Hearings on S. 707 arm schedulod to begin on tho Sonot* tid* on March 20, but no action hat boon scheduled an tha Houo lido oi ymt. As wo did during tho 92nd Congress, NPCA is participating Fully in planning, stiatogy, and action sou ions with many othor industry roprosonlotivos and auaciations. Wo will koop tho membership odvisod of futuro significant covolopmonts. JMM:rw Attaehmonts 0007--SWP-036744 March, 1973 C o p Y PROPOSED REGULATIONS FOR THE LEAD POISONING PREVENTION PROGRAM Authority Thj regulation! are adopted by the Load Pollening Control Director of the Deportment of ftrblic Health pursuant to G.L., c. 1II, s. 190. Where required by G.L., c. Ml, s. I96flb), odoption of these regulation! has been concurred in by a majority of the Advisory Committee for the Lead Poisoning Prevention Program appointed pursuant to G.L., c. Ill, t. 190. Definition! 1. At used in these regulations the following words shall have the following meanings: t.l "Director", the Lead Poisoning Control Director 1.2 "Advisory Committee", the Advisory Committee for the Lead Poisoning Prevention Program 1.3 "Commissioner", the Commissioner of Public Health 1.4 "Department", the Deportment of Public Health. 2. These regulations shall take effect April I, 1973. All exemptions granted by these regulations shall remain in affect until the dote indicated by these regulations, or, if no dote is so indicated, until such exemption is expressly withdrawn. 3.1 All exemptions from the prohibitions of G.L., c. Ill, s. 196 (b) shell expire January 1, 1974, unless a different dote is expressly indicated. An exemption may be renewed beyond that date upon the terns and conditions stated in these regulations, 3.2 No lead-paint or other substance shall be exempt from the prohibitions of said s. 196 (b) unless by April 1, 1973, every container of such point or substance that is sold, exposed for sole, delivered, given away, or possessed with intent to sell, deliver or give away, bean, unless otherwise provided in these regulations, a label meeting ell of the fallowing requirements: 3.2.) The front panel of each such container which is five gallons or smaller shell prominently feature the following notice arranged in the fallowing manner: 0007-SWP-036745 0007-SWP-000118062 -33.2.4 Except as provided in those regulotions, the plocement, conspicueusness end eontroit el this labeling shall fully comply with the requirements of the Federal Hazardous Substances Act end regulations now or hereafter issued puisuonr thereto. 3.2.5 The label shall be firmly attached to either the original or underlying label or the container, and shell not be susceptible of removal without also removing the eriginol or underlying label. 3.3 Unless the contrary is expressly indicated, any exemption expiring upon a date certain moy be renewed for such term os shall be set by regulation on the following conditions. 3.3.1 A party requesting an exemption, if a manufacturer of the substance in question shell file o report with the Director not less than ninety (90) days before said exemption is due to expire, which report sholl include: 3.3.1.1 o list of all paints or other surface coverings produced by him, not limited to these for which he is requesting an exemption, end the lead content of oaeh, and of all steps lie is currently undertaking or considering to reduce such lead content 3.3.1.2 a description of the testing and quality control procedures by which he insures that the lead content of each point or covering is in faet the amount listed in the report end that the labeling of eoch paint or covering correctly describes the contents thereof and. 3.3.1.3 a description of the means other then labeling by which he informs distributors, retoilers and consumers ef eoch paint or covering of whatever limitations an use or avail ability he deems necessary for the particular paint or covering In ardor to protect the health and safety of the public and particularly of younger children. 3.3.2 The information required by regulation 3.3.1 may be submitted by one or more trade associations on behelf of their members, but shall originate with each separate manufacturer and shall be so identified end presented. Eoch manufacturer who signs the report of such trade association shall be bound by its contents for the purposes of these regulations. A manufacturer signing such a report or filing his own report shall indicate any information which in his opinion qualifies as a ''trade secret" within the meaning of applicable low, or which for ony other lawful toason should not in his opinion bo disclosed to tho publle. 3.3.3 A party requesting an exemption, if a distributor, wholesaler or retailor, shall file a report with tho Director not Ion than ninety (90) days before said exemption is duo to expire, whieh report shall include oil information required from tho manufacturer of the point or covering In question and in oddition sholl doseribo oil stops token by tho party requesting the exemption to limit t^e use or availability of the point or covering in question that he deems neeetsary to protect :ne health or safety of the publie and particularly of younger children. 0007-SHP-036746 0007-SWP-000118063 4 1 The following point* whan "load-bated" within the mning of e.1 II, >.196 (o), thall be exempt from the prohibitions of G.L., c.lll.s. 196 (b), upon tho tormt ond condition* expressly indicated horoundor, which thall be in addition to all other term and condition* governing such exemptions tot forth in theta regulations. 4.1.1 Original finish paints intended to be factory-applied upon manufactured product* and net mode avoilable for sale to the general public. 4.1 2 Automotive, agricultural, and industrial equipment refinith paint*. 4.1.3 Industrial, and commercial building, maintenance paints, including traffic and safety marking paints, not made available far tale to the general public. 4.1.4 Graphic art points, including products marketed for application to bill beards, read sign* ond similar uses, and for identification marking of industrial buildings. 4.1.5 Touch-up points for metal machinery, appliances, vehicles, or watercraft, when sold in containers smell enough to preclude any reasonable risk of use on buildings or furniture, when the container bears o label stating, in type os largo at tha largest typo on the label except the product neme and in no case smaller than 10 paints, POISON, CONTAINS LEAD, Keep Away from Children, Do Not Use On Toys or Furniture, which shall satisfy the require ments of regulations 3.2.1 ond 3.2.2 if tha container contains Ion than one-hoIf pint liquid or eight ounces by weight. 4.1.6 Exterior merino points for construction, industrial use, maintenance, and small craft application. 4.1.7 Exterior rubber-besed roof paints, when the container bears o label prominently stating, in addition to the notice required by regulations 3-2.1 and 3.2.2, Do Net Use This On Amy Fart of a Building Except the Roof, in type not smaller than 24 points. 4.1.8 Lolax exterior primers for wood Siding containing axtreerfvw, provided that this axamption shall net bo extended beyond January ), 1974, end that by July 1, 1973, each monufoctarer of this product requesting an exemption beyond tha latter data shall file with tha Oirectar a report describing by whet moans ho plans to render such primers non-leod-bosod ond haw tha resulting product shall bo tested for fitness for use, and that each container boar a label identical with thet required by regulation 3.2 except tha; it sholl indicate that this product may only be used on bdro cedar or redwood siding and thet only one coat should be used. 4.2 Any ponen in doubt as to the applicability to any product of any of those regulations may requair in writing an advisory ruling by the Director punuont to C, 3QA. A copy of all such requests, ond ell advisory rulings made horoundor, shall bo sent by the Oirectar to tha Chairman of the Advisory Commirraa. 0007-SWP-036747 -5S>1 The "amount of toad the! produces the dcnpsr of tood poitoning" when present in cnitting paint, plaster or other surface covering, shall be deemed, pursuant to G.I., a. Ill, t. 194, to bo 0.6 percent load by dry weight, or 0.9 milligrams load par square centimeter of surface. 5.2 Evaporated, whole or conderaod milk or baby food In metal container* iholl be deemed to contain hazardous amount* of lead if they contain mere than 0.3 pom per million of lead. 5.3 Glazed tableware, cooking ware or utensil* or other food or drink containers (hall be ^ deemed to be lead based if, when totted by being filled with 4 percent aeatic acid for eighteen hours with cere to prevent evaporation, the acetic acid Is found to contain morn than 7 parts per million of lead. r 4. % 0007--SWP--036748 0007-SWP-000118065