Document ppREjwNJygMKZkDnjRZ4mp5RE

Protests Concerning FDA Lead Regulation Made By liiree Industry Organizations'* Washington. D C.. April 2t) Protest* ' Ml connection with the recent lead reg- thttlmi of the Find end Drug Adminis' trstlon have been filed by three nf the | awjor coatings industry organization* ' --the Federation of Societies for Faint . Technolory, the National Decorating Product* Association. and I he National Paint and Coating" Association. ''The FDA regulation restrict* lead . content of packaged retail paints to - 0.06 per cent. ' - Officiate of the organizations said the ritallengcs were Died within the 30-day period allowed following publication of the regulation in the Federal Register. Publication was matte on March 11. Copica of the protest letters were given to American Point Journal by the Federation of Societies for Faint Tech nology and the National Decorating Products Association, but a copy of the proteat letter sent by the National Paint and Coatings Association was not immediately available. . The protest made by the National - Deenrattng Products Association does not challenge the lead content level per sc. Rather. It questions the pro priety of FDA to prohibit retailers from merchandising the leaded paints for a reasonable length nf time after the manufacturer*' compliance date*. .It aaka for an amendment to permit ' longer time for aale of the paints then that specified in the regulation. The Federation's letter was sent under the signature of Jean P. Teas, the Flood Company. Hudson. Ohio, presi dent. The letter from the National Decorating Products Association was sent by Robert R. Petit. St. Louis, ex ecutive vice president. . The Federation tetter state* that It represents "the 6.000 members of the % Federation of Soeletiea for Paint Tech nology." The texts nf the letters follow: From the Federation t Commissioner. Fond and Drug Administration r o Hearing Clerk Room Wit S600 Fishers Lane Rockville. Maryland 20852 Dear Commissioner: On behalf of the 6.000 members nf the Federation of Societies for Paint Technology. 1 must protest vigorously the establishment of lead limits for paints as proposed in the Federal Reg ister. Vol. 37. No. 69. pp. 5219-5272. 11 March. 1972. Our members have, for nearly fifty years, dedicated themselves to provid ing a maximum of product utility to consumers. Thus, we recognize the absolute necessity of protecting the public, including children, from hazards arising from exposure to our products. We are. however, certain that the establishment nf an arbitrary limit of 0.06 per rent lend would seriously de crease the performance and durability of many of the affected coatings prod ucts without contributing materially an added increment of safety. We chal lenge the scientific accuracy of the rationale used to establish 0.06 per cent lend as n safe toxicological limit for many diverse types of modern paints sinre careful analysis of data available on the rate of dissolution of lead from dried paints proves that this factor has been grossly exaggerated during past estimations of lead-ln-patnt toxicity. Asseswnent of Lead Hazard of Various Paints The degree of hazard of lead-bearing paints Ingested by children suffering April 24. m2 9 i *6 /* ' * V* b. I / iI I i i GLD012406 N 4160 from pica logically lx dependent upon many physical factors Including: the lead content of Ingested paint chips, the thickness (or weighli of paint sccesslble to children and the rate of dissolution of lead during rastro-intes tinal retention. The Importance of these factors Is illustrated by the following table: rabitily. limitation of lead in n..ri cent f the non-volatile content ran met. by expanding the use of sn commercially available non-lead Inc dients, without perceptible rhange product quality. Further restrict!' lo 0.06 per eenl lend, however wo> mean the complete elimination of It Fa1st Syatras Old heavily leaded paint* 10 coats, exterior lead/olt house paint 10 coats, leaded Interior enamel Modern quality coatings 10 coats, exterior house paint 10 coats, interior alkyd enamel Factory-applied refrigerator enamel Faotory-applied toy enamel & I; 9 fi afit?f J *; 3*V59 5;->. si* W?i!e st .5* iBit-- iat-. M 61 25 56 27 25 5hr ! if II! in 0.01 0.04 62 0.5 1.0 49 . 41 0.5 1.0 75 8.2 0.5 0.25 15(81 4.1 0.5 0.25 3000 These data prove that limitation of household paints to 0.9 per cent lead will decisively reduce hazard to chil dren; that these products are 2000 to 9000 times safer than old heavily leaded paints. It Is further evident that It is practically Impossible for a child to Ingest enough 0.5 per cent lead paint from toys or household appliances to cause lead poisoning. Effect of Lend Restrictions on Product Quality Tsars of laboratory experimentation and exposure testing have proven the efficacy of lead compounds In contrib uting specific properties to durable paint films. Lead-bearing pigments and additives provide not only a wide selec tion of colors end light fastness but also promote weather reeiatance. hardness, scrub reeiatance and other forms of du- compounds as active ingredients ti costings since such minute amounts of lead may well be unintentionally added ns trace contaminant* of other, nonlead row materials. It is the abandonment of these last. low-concentration lead additive* and tinting pigments which would deprive customers of ade quate produrt quality. Recommendation* for Responsible Ac tions To protect the consuming public from Inordinately inferior quality of house hold and appliance paint product*, we strongly recommended the following: 1. Establishment of 0 5 per cent lew) content of nonvolatile portion of coat ings Intended for. or packaged in s form,.suitable for. use around the house hold in accordance with paragraphs 191.6-6 <(. b) nnd II, b). 2. Exemption of industrial coatings 10 American Point Journal GLD012407 i 1 I (factorr-eppllrd itnwhM which are *1ways applied an thin, highly hrmli-.nl- . resistant fllinnl from furl her restriction . of lead content. S. Delay of establishment ot more . raetrlctlve limits t below 0 5 |>er rent landl for both exterior nnd interior household paints until unequivocal evi- dence on the rate of dissolution of Irstil from dried paint chip* ie driermini-d ' throufh controlled experimentation ami given public hearing. In substantiation of the nitove pro* Unix and rei-omniemlallon*. we submit herewith Exhibit* A-R ul pli-dge nur . Federation to the artier support of fu ture effort* to protert both the health and welfare of the public. Rlnrerrlv. I Signed > J. P. TEAS l*rclelrni Federation tif Kisdrties fia- l*nlnt Technology Front the NIIPA: April f>. 1972 Hearing Clerk 'Department of lleiillli, Education ft Welfare Room 8-M ' MOO Fishers Dane Rockville, Maryland 20X-'i2 ^ Dear Sir: The National Decorating Products . Association. representing paint and walieovering retailer* and diMtribulor* throughout the United 8tate*. hereby Ble* the following nbjerlion itmccrning the FDA regulation published in the 'Federal Register on March II. 11172: The timetable, an set forth in the teg'Ulatkm that I* llmlling the lead con:lenl In twint to '>,n of one per i-ent after December 31. 1972 and u.UO |ht rent .after Decemlier 31. 1973 <1<jcs not. In our opinion, provide ample lime to ahorb product* eurrently being produced having greater lend content and to move RKh products off the shelve* of eur stores. ' If the eurrrnt rcRulni inn is meant (> limit pMdmilun of lliese product* (<> Die sperified lend eontent aa of the dates rited In the regulation, there haa been no i-orrespondtng provision for the marketing of these products through our channels of distribution, nor pro vision for onr store* tn be able to sell these product* for a reasonable length of time after they have been delivered tn onr stores. We would, therefore, like to see the regulation amended to provide that the :-m of one per cent lead content restric tion applying tn manufacturer* of paint beginning December 31, 1972. shall apply to retailer* and distributors of paint 18 month* later, or beginning on July 1, 1974. Similarly, we would like to see the regulation amended to pro vide that the 0.08 per rent lead content restriction applying to manufacturers f paint beginning December 31, 1973, shull apply to retailers and distributors of paint 18 months later, or beginning mi July 1, 197S. These change* would, we believe, be in keeping with the intent of the Food and Drug Administration and yet allow our members time to move merchandise off their shelves. Otherwise, product* being produced by manufacturers cur rently in accordance with the FDA reg ulation would have no acceptance In moving through our channela of dis tribution. since the retailer or dtatribtil or would be placed In the position of not knowing that he would have ample time to resell Items purchased In good faith in accordance with the regulation that has been promulgated. Sincerely, iRignedt Robert E. Petit Executive Vice Preakknit Grow Declares Dividend New York. April 19- The board of directors of Grow Chemical Corp., naliunnl producer of specialty chemical coatings, has declared a quarterly cash dividend of eight rent* per *hare puynlilv April 28 l xhureholikr* of record April IK. Afrtf 24. iT2 11 > . / t I - i i GLD012408