Document nDo5LZ23qO1g640dVw9pOwm6

TZLXPHDNK HUDSON 3-81SS Manufacturing Chemists, Association, Inc. (FOUNDED U7t> I 1825 Connecticut Avenue, N. W. Washington 9, D. C. L-525 MINUTES OF MEETING LABELS AND PRECAUTIONARY INFORMATION COMMITTEE May 14 & 15, 1963 Hotel Hershey - Hershey, Pa. ijhe meeting came to order at 9:30 A.M. on Tuesday, May 14, 1963 PRESENT: Edward J.. Hogan, Chairman r. g. Troup, Vice Chairman L. W. Burnette Robert H. Dewey Chester L. French j. T. Fuess j. T. Gormally Sanford J. Hill Edward J. Masek H. H. McIntyre J. A. Mooney Thomas W. Nale, M. D. Richard F. Philpitt C. B. Shaffer G. Robert Sido D. P. Smoot F. D. Sparre F. G. Stephenson, Staff Representative and Secretary Allied Chemical Corporation J. T. Baker Chemical Company General Aniline & Film Corp. Commercial Solvents Corp. Mallinckrodt Chemical Works Distillation Products Industries, Division of Eastman Kodak Co. Pennsalt Chemicals Corporation E. I. du Pont de Nemours & Co. Diamond Alkali Company The Dow Chemical Company FMC Corporation Union Carbide Corporation Olin Mathieson Chemical Corp. American Cyanamid Company Monsanto Chemical Company Stauffer Chemical Company E. I. du Pont de Nemours & Co. Manufacturing Chemists' Assoc. ABSENT: James W. Hammond John F. Osterritter, M. D N. E. Wendt N. G. White Humble Oil & Refining Company Celanese Corporation of America American Potash & Chemical Corp. Shell Chemical Company L-526 APPROVAL OF MINUTES OF MEETING OF JANUARY 22 & 23, 1963 It was moved, seconded and voted THAT, The minutes of the LAPI Committee meeting of January 22 & 23, 1963, stand approved. RULES OF ORGANIZATION AND PROCEDURE Mr. C. L. French reporting on behalf of the subcommittee stated that copies of the "General Principles Applicable to the Structure and Operations of Committees" as approved by the Board of Directors on March 12, 1963 had been received from General Hull, The subcommittee had reviewed the February 1961 "Organization, Purposes and Procedure of the Labels and Precautionary Information Committee" as approved by the MCA Board of Directors in the light of these new "General Principles" and in the opinion of the sub committee found them to be in essential compliance with the new rules and therefore recommended that the 1961 rules be submitted without change for current MCA Board approval. It was then mcved, seconded and voted THAT, The document entitled "Organization, Purposes and Procedure of the Labels and Pre cautionary Information Committee" dated February 1, 1961, covering membership, officers, meetings and administration be submitted to MCA for ratification. The Secretary advised the committee that the procedure would be for him to first submit this document to the MCA legal counsel for his opinion. Mr. James T. Fuess reporting on behalf of the subcommittee stated that: In the September 1962 issue of the listing of officers. Board of Directors, and Committees of the MCA, there is a state ment of the function of the Labels and Precautionary Information Committee which does not completely describe the activities of the Committee. This statement refers solely to the "Precautionary Information portion of the Committee title. Work in this area L-527 has occupied the major portion of the Committee's efforts in recent years since it is in this field that the greatest pressure has been felt. Legislative activity in the broad area of "Labels'', not referring to precautionary information, has been increasing lately. This is important to the chemical industry and could, if not carefully followed and wisely counseled, adversely affect MCA members. Mo other standing committee is assigned to this area. It is,therefore, requested that the statement of function in the listing, and in any records of the Association be amended to include problems dealing with the product label as indicated by the committee title. In light of the foregoing it was determined that the subcommittee should prepare new "specific objects" of the Com mittee for circulation and for consideration at the next meeting. MCA AD HOC COMMITTEE ON ENVIRONMENTAL HEALTH The Committee was advised that the Chairman had recom mended Mr. J. T. Fuess of Eastman Kodak Company to represent the LAPI Committee as a member of the MCA ad hoc Planning Committee on Environmental Health. The basic purpose of this Committee will be to review MCA's overall activities in this area and to make recommendations to the Board of Directors. It is anticipated that the first meeting of the committee will be held very shortly. EXTERNAL MARKINGS OF MOTOR VEHICLES FOR TRANSPORTING HAZARDOUS CHEMICALS . Mr. J. A. Mooney reported on a meeting held at MCA offices on April 11, 1963 regarding the development of external markings on motor vehicles used for transporting hazardous chemi cals. The task force consisted of representatives of the Safety and Fire Protection Committee; Traffic Committee; Committee on Tank Cars, Tank Trucks, and Portable Tanks; Chemical Transporta tion Advisory Panel and the LAPI Committee. A preliminary pro posal had been developed incorporating the NFPA 704-M system plus additional precautionary wording. An outline of the pro posal had been circulated to the Committee by the Secretary to gether with his letter of April 30, 1963. Committee members generally expressed agreement that the additional marking was feasible but realized that the pre- L L-528 liminary proposals were in their very initial stages and warranted additional development. It was then moved, seconded and voted THAT, While not necessarily endorsing the initial proposals of the task group, the LAPI Committee favors proceeding with the study and is prepared to assist and co operate in any way desirable. 1.2 SUBCOMMITTEE ACTIVITIES a. Clearance Mr. H. H. McIntyre stated that he did not have anything to report. b. Dyestuffs Mr. L. W. Burnette reported that SOCMA had received the program submitted by the -LAPI Committee simply as an item requiring its endorsement. SOCMA has endorsed the program but has not set up a group to continue this activity. The Chairman thanked Mr. Burnette for his report and discharged the sub committee. c. Pesticides Mr. F. D. Sparre advised that he had attended hearings' by the Governor's Committee of the State of Connecticut. Persons present at these hearings included professional agriculturists, representatives of garden clubs and others. As a result of the hearings, Mr. Sparre believes that there will be a strengthening of the Food and Drug Act of Connecticut, the Aerial Spray Control Act, the Custom Applicators Act, etc. Mr. Sparre had mentioned MCA and its labeling activities and recommended that copies of the newly published book "Agricultural Chemicals - What They Are/ How They are Used" be mailed to the State of Connecticut Governor's Committee. The Secretary will forward 12 copies of the book to Mr. A. E. Wallace, Connecticut Light and Power Co., Berlin, Connecticut. Mr. Sparre also reported on a meeting in Washington on May 8, 1963 of the Pesticides Regulation Division of the Depart ment of Agriculture with the Executive Committee of the Association L-529 0f American Pesticides Control Officials. While most of the discussion concerned the forthcoming Senator Ribicoff hearings on environmental health Mr. Sparre however, had raised questions on the labeling requirements under the Weights and Measures Bill of the State of Virginia. The Secretary reported that MCA Government Relations rep resentatives and others are holding meetings with officials of UACA and CSMA in an effort to unify industry approach on environ mental health activities. d. Public Relations Mr. J. T. Gormally stated that he had nothing to report, e. Reactive Metal3 The Chairman reported that Mr. N. E. Wendt had advised him that the major activity in this area had been completed. The Chairman then discharged the subcommittee with thanks to its Chairman and members for the excellent work completed. 1.3 ALLIED COMMITTEE ACTIVITIES 1.3.1 CSMA Mr. H. H. McIntyre discussed the proposed labeling of ethylene glycol base antifreeze containing sodium arsenite. Use of this type of antifreeze is likely to increase. The Chairman requested that Mr. McIntyre keep the Committee advised on future activity in this area. 1.3.2 API The Chairman read a written report that had been re ceived from Mr. J. W. Hammond regarding the recent activities of the API Committee on Precautionary Labeling. The report advised that Mr. A. E. Dooley, Chairman of the API committee, had a recent conference with Mr. Dale Miller of FDA on the identification of the petroleum distillates by viscosity. The FDA publication No. 17 was discussed, a copy reviewed, and the Committee informed that copies were to be distributed by the Humble Oil Company and Phillips Petroleum Company to their cus tomers. The Secretary is to obtain copies for distribution.to the Committee. L-530 1.3.3 NPV&L Mr. F. D. Sparre referred to work of Mr. Daniel Ring of NPV&L on weights and measures legislation in Virginia. He also discussed the reactivation of the ASA Z66.1 Committee which has established 1% of lead as the hazard minimum in dry paint film. 1.3.4 ACGXH The Chairman.read a written report received from Mr. J. W. Hammond on the May 5-8, 1963 meeting at Cincinnati. List ings of revised and new Threshold Limit Values for 1963 received from Mr. Hammond were distributed to those present. The Secre tary reported that copies of the 1963 edition of "Threshold Limit Values" have been ordered by MCA and will be distributed to Committee members when issued in July 1963. 1.3.5 CGA Mr. R. F. Philpitt reported that he had attended a meeting of the Safety Council, of CGA on March 27, 1963. The committee is engaged in a revision of the publication C7 "A Guide for the Preparation of Labels for Compressed Gases." Mr. Philpitt will obtain copies for the Committee when they become available. 1.3.6 NFPA Mr. H. H. McIntyre and the Chairman reported on the general conference held by NFPA in Washington on the classifica tion of flammable liquids. It had been resolved at the conference that the proposal should be returned to the NFPA Committee on Flammable Liquids for reassessment. Interested groups were in vited to submit comments to NFPA. 1.3.7 DCAT time. Mr. C. L. French stated he had nothing to report at this 1.3.19 HIAA The Chairman reported that a letter dated May 3, 1963 signed by General Hull had been forwarded to California opposing Assembly Bill 1787. Mr. Sparre stated that he understood that L-531 the bill had been withdrawn by the sponsor and not discussed at the recent hearings. However, Bill 1788 had been reported upon by the Committee. This is an "Anaheim Ordinance" type of bill and is supported by HIAA. It has been referred to the House for further action. The HIAA has called a meeting of interested industry repre sentatives in New York on June 19, 1963. Mr.Glaser has been in formed that Messrs. Hogan and Sparre will represent MCA at that meeting. 2.1 FEDERAL LEGISLATION a. Hart Bill The Secretary reported that in accordance with state ments made in the MCA General Bulletin the hearings have been closely followed. The hearings have now been completed and it is anticipated that the bill will be considered at an executive session of the subcommittee. The Secretary will keep meiiibers advised of any developments. The Secretary also agreed to ob tain copies of the Chamber-of Commerce pamphlet "The Packaging and Labeling Controls Bill" for distribution to the Committee. He also agreed to obtain copies of "Here's the Issue", March 18, 1963 edition also published by the Chamber of Commerce of the United States if available. b. Revisions in the FDA Regulations concerning plant registrations. There was considerable discussion by Committee members regarding the type of plant inspection which can be anticipated, the handling of registrations, and other general aspects. The matter of what constitutes a drug was also discussed. c. Household Act Revisions concerning petroleum distillates, Toluene and Xylene, etc. The Committee discussed the recent revisions in FHSLA Regulations and the Chairman reviewed API letter'to FDA and Mr. J. W. Hammond's comments on proposed revisions. In the absence of general response by the Committee to the Secretary's letter of March 20, 1963 and the memorandum issued by the Chairman on March 25, 1963 no action on proposals were recom mended to MCA. L--532 d. HR 4487 The Chairman read a letter he sent to the Secretary on April 29, 1963 containing certain Committee member recommenda tions on HR 4487, which stated that MCA should support the NACA proposals on this legislation and offering Committee assistance to MCA staff in preparing a statement for their use. 2.2 STATE LEGISLATION 2.2.3 Hawaii Mr. C. L. French reported that the bill to amend Sub section (0) of Section 46-13 of the revised Laws of Hawaii 1955 has passed both the House and the Senate and that no MCA action is nec essary. The Secretary was asked to distribute copies of this bill to the Committee. 2.2.8 New York It was reported that precautionary labels are being pre pared for use in New York State and Mr. C. B. Shaffer was asked to make inquiries about this so that the Committee may be enabled to present its viewpoints. Mr. Sanford J. Hill reported that he had received a letter from Mr. F. W. Preller, Chairman of the Ways and Means Committee of the Assembly of the State of New York inviting his participation at a meeting to be held on May 22, 1963 at Forest Hills, New York to discuss with manufacturers, distributors, medical officers, law enforcement personnel and youth workers the problems of glue sniff ing among minor children, it was generally agreed that MCA should be .represented at this meeting and Mr. Hill was requested to ask Mr. Preller to write to MCA Secretary, M. F. Crass, Jr., requesting such representation. The Chairman and Dr. T. W. Nale agreed to attend the meeting as MCA representatives. v 2.2.9 Ohio It was reported that HB 949 relative to regulating carbon tetrachloride follows the Massachusetts Law closely and if it is passed it is likely that type sizes will be included. The Chairman recommended that this bill be followed closely and Mr. Masek agreed to do so. L-533 2.2.11 Virginia Reference was made to the Secretary's letter to the Committee of April 3, 1963 regarding the Virginia Hazardous Substances Labeling Act. Mr. Sparre stated that there is a temporary hold on the requirement to place the name and address of the manufacturer on the front panel. A provision may also be written in providing for waivers under certain conditions. North Carolina already has this requirement in addition to requirements for type sizes. The Chairman expressed appreciation of the work done by Hr. Daniel Ring of NFV&L in this matter but regretted that MCA had not participated more actively. 2.2.22 Connecticut Mr. J. A. Mooney reported that Mr. Robert Ackerly of CSMA and Mr.' Daniel S. Ring of NPV&L had attended hearings and that he understands that the proposed bill which would have required use of a poison label on all hazardous substances without regard to toxicity, will.be dropped. It is understood-that the sponsors of the original regulations were not in agreement with the proposals and had appeared to oppose them. 2.2.32 Oklahoma The Chairman, reporting for Mr. J. W. Hammond, stated that Senate Bill 26 contains Article 16 which is of particular interest to the LAPI Committee. This regulates household ar ticles and is very similar to the Federal Hazardous Substances Labeling Act. Mr. Hammond had been advised that the bill is not likely to get through the session this year because of its great scope. It is a redrafting of the Sanitary Code for the State of Oklahoma plus several other articles, all of which require many hearings and much work on the part of the legislative branch of government. * 2.2.34 Florida The Secretary reported that S 254 passed the Senate on April 26, 1963 and was referred to the House Public Health Com mittee on April 30, 1963. The bill adds to the Florida State Sanitary Code the statement that "Highly toxic materials" shall not be construed to include pesticides as defined in the Florida Pesticides Law, Section 487.02 (2) Florida Statutes. Mr. Shaffer L-534 commented that S 254 and H 570 reflected an attempt to develop uniformity in the State in this matter. 2.2.39 Wisconsin Mr. H. H. McIntyre reported that he had attended hear ings on Assembly Bill No. 78 requiring warnings to be printed on packages of chemicals which might become combustible when mixed with other material. He had been successful in recommending a change in wording so that the bill was amended to read in part "No person shall sell, offer for sale or otherwise distribute any package of a substance which when mixed with organic matter will cause spontaneous combustion --- ". The addition of the word "spontaneous" makes the bill much more practical. 2.2.40 Maine Mr. J. A. Mooney reported that the Maine Bill SP 413, Legislative Document No. 1156, "Uniform Hazardous Substances Labeling Act" was killed in the Senate. 2.2.41 Idaho Reference was made to the Secretary's letter to the Committee of March 11, 1963 enclosing a copy of a letter from Mr. D. S. Ring of NPV&L to Mr. Roger Mendelhall of Idaho regard ing the enactment of HB No. 75. Mr. Ring requested an interpreta tion of the phrase "toxic additives." It is now understood that Mr. Mendelhall is in contact with the Attorney General of Idaho regarding this and that NPV&L is following the matter closely. The Secretary was requested to obtain copies of the interpreta tion when available for distribution to the Committee. 2.2.42 North Dakota Mr. C. L. French reported that HB 698, adopted March 15, 1963 follows the Federal Hazardous Substances Labeling Act closely and is therefore satisfactory to the Committee. 2.2.43 Alaska Mr. J. T. Fuess reported that in his letter to the Chair man of April 5, 1963 he had stated that the Alaska House Bill No. 185 attempts to cover too much in a single bill. The bill is essentially an enabling act and it was recommended that the Committee should follow developments closely. L-535 2 # 3 CITY REGULATIONS 2.3.1 New York City The Secretary reported that Mr. M. F. Crass, Jr. had received a letter from the City of New York Commissioner of Health, Dr. George James, stating that the Board of Health would consider the following amendment to the Health Code re garding glue sniffing: "Sec. 173.19 Model Airplane Glue (a) No person, firm or corporation shall sell or otherwise deliver or cause to be sold or delivered to any person under the age of 18 years any model airplane glue. (b) No person having possession of any model airplane glue shall deliver possession thereof to any person under the age of 18 years knowing or having reasonable cause to "believe that the same will be used an an inhalant. " Mr. Crass had replied in a letter dated March 28, 1963 stating that while MCA does not object to this proposed legisla tion, it is felt that the Association could not support it be cause it is not thought to be enforceable and also because it could have the undesirable effect of restricting the accessi bility of model glue to the vast majority of young people who use it for its proper purposes only. The letter also expresses an opinion that a preferred approach to this public health and welfare problem would be through an intensive program of educa tion. 3.00 SPECIAL ASSIGNMENTS a) Safety Data Sheets under Review by LAPI Member^: It was agreed to remove Safety Data Sheets 3.85 Ethylene Dichloride, 3.31 - Phenol, 3.85 -- Methyl Chloroform, and 3.86 - Ammonia Aqua from the docket until drafts for re vision are received from the Safety and Fire Protection Com mittee . 3.32 Sulfuric Acid The galley proof for the proposed revision to this L-536 sheet will he forwarded to Mr. C. L. French, Chairman of the subcommittee, for overall review as to the adequacy of the label. The Secretary will follow this procedure on final galley proofs with all future new publications or revisions of Chemical Safety Data Sheets. 3.42 Anhydrous Ammonia The Secretary distributed copies of a memorandum signed by Mr. F. H. Carman, MCA Technical Director,and himself urging the LAPI Committee to reconsider its decision to adopt the signal word "DANGER" on the anhydrous ammonia label in place of "WARNING" as previously recommended. During discussion members generally agreed that to re verse the Committee's previous resolution would be an act in contradiction of established MCA principles of labeling that the Committee has developed and endorsed for more than 20 years. The Secretary explained that while in all cases i-t is the responsibility of a technical committee to pass on the technical aspects of the-matter involved,-the Committee's decision is sub jected to MCA staff consideration from the viewpoint of Associa tion policy. In cases where the staff believes that the Com mittee recommended action is in conflict with MCA policy, this staff decision is made known to the Committee in question so that the matter can again have the Committee's consideration. If agreement between the Committee and the staff is not reached, then the matter can be submitted to the Board of Directors for its de cision. It was then moved, seconded and unanimously carried THAT, The motion passed at the LAPI meeting of May 24 and 25, 1961 to use the signal word "DANGER" instead of "WARNING" in the precaution ary label for anhydrous ammonia be sustained. THAT, This action is supported by evidence in the current Chemical Safety Data Sheet on this chemi cal Section 10.1.2.2, Local Effects, in which it is emphasized that anhydrous ammonia is a danger ous product. It was then agreed that a subcommittee be appointed to prepare a suitable brief for use in discussing the matter with the Board of Directors should the presence of a Committee repre- L-537 entative be requested. The Chairman appointed the following subc^unittee: Dr. T. W. Nale, Chairman E. J. Masek P. D. Sparre 3.88 Paranitroaniline The Secretary informed the Committee that a Chemical Safety Data Sheet is being prepared on paranitroaniline. The Chairman appointed Mr. G. Robert Sido to prepare a precautionary label draft when the final technical and medical management sec tions are available. b) Sensitization Mr. C. B. Shaffer agreed to check with Mr. N. G. White regarding the preparation of the proposed statement on sehsitization for inclusion in the next edition of the Manual L-l. This statement is to be sent to the Secretary for- distribution to the Committee prior to the next meeting. c) Degradation Mr. H. H. McIntyre stated that there was nothing to report d) Discussion of Special Statements in Chemical Safety Data Sheets The Committee reviewed and discussed the paragraphs on labeling in the newly published revisions of Safety Data Sheets on Carbon Tetrachloride and Aniline. The Chairman then'requested Mr. E. J. Masek to prepare a standard statement for use in the labeling sections of all future Safety Data Sheets. Mr. Masek later submitted wording acceptable to the Committee. This will be submitted to the MCA legal counsel for approval prior to its use in Chemical Safety Data Sheets. 5.00 LAP I MANUAL a) Guide Subcommittee Mr. H. H. McIntyre stated that copies of the draft for the proposed "Guide To the Use of Manual L-l in Preparing Labels L-538 for Household Products" had been distributed to the Committee, The Committee members agreed to submit comments on the draft to Messrs. McIntyre and Masek by June 15, 1963 The subcommittee agreed to pare and distribute a proposed final draft for consideration by the Committee prior to the next meeting. MISCELLANEOUS a) Appointment of Officers The subcommittee reported that the Vice Chairman, Mr. R. G. Troup is, for company reasons, unable to accept the Chair manship at this time. The subcommittee therefore recommended the following officers for the two year period commencing July 1, 1963: Chairman Vice Chairman Mr. H. H. McIntyre Mr. C. Boyd Shaffer j The recommendations of the Committee were unanimously approved. . . A. vote of. .thanks.to the. retiring Chairman for his leadership and his able and devoted efforts in progressing the Committee's activities during his term of office was then unanimously voiced. In reply, Mr. Hogan thanked members for their support. b) Certificates of Appreciation I t r Certificates of Appreciation signed by all Committee members present were awarded as follows: t c) Mr. James T. Fuess, Committee Chairman 1948-50 Mr. Chester L. French, Committee Chairman 1959-1961 Mr. Edward J. Hogan, Committee Chairman 1961-1963 Next Meeting The next meeting of the Committee will be held at the Sheraton Park Hotel, Washington, D. C. on 'September 17 and 18, 1963. j | Minutes subject to approval FGS:cm 5/29/63