Document zKxGonjJDKEgDyw61m9Gp0g7

/ ' MINUTES ;ME3TIBG OF"'ajiSUST^i^IAm-^fcok^TEE ,' JRAIliT,,' Y0SXSH AND, LA.CQTISH: A5SOCliiTION^ >.INC,; / :: . . >/ ' v January 19, 1955 Call to Order The meeting ?/as Oalled. io; order at 10:00 A.iU'.'by',the Chairman with the following in attendance: To-JAMcDOWSLL, Chairman ' Ro Jo ECKART, ViceChairman PAUL So CROLL SAUIrQRD:J0 HELL ' ' H. LUTZ (represented by C. Wo BROWN) : C. C. KcIi'IT'ES FRANK R. PITT ': LEO SHV2HSTEIH CLARENCE W0 SLOCUM HENRY J. WHITSON (represented by, JOHN F. HARPER) HAROLD L. PARKER . ' Gues'^,s ' JOHN H. FQULGER, M.D. Staff* Members DANIEL L. BOLAND, F .. LOUIS .FISHER . A''bsent RAW.- BLAIR, JE. Ao'L, ,F0ESMANE. L. GOTT Eo P. HUBSCHMITT F. J, KUILENBERG . H. J. MILLER ARTHUR BUNICH' E, L. O'BRIEN. L. 0. SMITH.: W. E. . SWEILY,/ JRo JOHN Vo VAUGHN The- Chairman requested a report of the New Fork. City labeling situation, `' Mr,ii .A Eekart. related the Association's efforts to" solve the conflict between ihe' regur* ii lations:of the. New York City Fire Department and Health Department concerning flammable and combustible liquids,. He told of. his meeting with 'the 'hIA3Torf;S;..dei>iuS;yi :With. Fire.:.; Commissioner Cdvahagh aria Fire Chief Bassett. The^onndssipnsrfyaskedvi^ Mr, Eckart" toi: submit a petition shaving the need .for; a revision of the.jFire-Depart^ ment.regulations, : Hr * Boland advised the support, of the Manufacturing Chemists' Association and; the; Chemidal Spedialties Hanufacturing Association to' bponsor, the petition, had been obtained. Mr. Slocum spoke briefly concerning progress, of. compliance with the, New York City . Health regulation relating to paints containing more than one percent of lead. He .also' advised that, after a meeting with New York City Health Department officials.;. on December 28, 19$k, it .was. decided -that an Association petition should be ; sub-. . mittsd tc the Board of Health requesting an extension; of the enforcement date 'of ; the. Lead Labeling Regulation from Hay 1 to November 1, 1955. N11707 Mr. Wolff, upon: request of the Chairman, gave a summary' Pi1 :thd^'iataLing 'situation' in Chicago He stated that the Chicago.Health Department would fellow the provisionsi.of 'thd Hew York City regulation^ but no,particular move in that direction had occurred as yet. The meeting then proceeded to consider the question of a uniform warning label* Discussion: first1 referred to: the needier}any recommendation of cbXo-'ts-.'ih^the,: ; unifom: labile: :The::iconsensuSi. of the meeting; was np' recommendation, of ;atly -pabbicular type.;' of : color :,om a label should be made. The only':comment, regarding: color,1:, on which Copsittee^m&berb^cbhcurred^'..related' to the; provisions of.various* regulations :re-- . quiring; a warning- .statement to \"be.' in; a color in contrast to that of: the;1 label, ,, Mri Homer 'eipressedjthe view that a minimum of seven labels was required. He stated (1); three labels as to, flammability^ and combustibility) ., (2) three labels referring to a harmful compound and a solventj and (3) a special label for paints containing aromatic-hydrocarbons., Mr* Pitt discussed legislative trends and stated he hoped one uniform label could be developed for use in all states. Discussion was had by several members a.s to the.policy pf using different labels in different sections of the country depending upon the; legislative; or regulatory requirements, of; various states* Most Committee members favored the adoption of one label to be preferable from, a litigation and legislative: viewpoint. Dr. Foulger commented on the ASA--Z66 Committee., He advised the members that the . work of,thip ASA Committee caiinot be forgotten, mainly because it proposes to in clude other; compounds. Dr. Foulger stated that the language "Contains Lead or Other Coitpojunas" in. the proposed warning label may have to be changed to cover a ; situation w^ere a paint: product does not contain lead but might contain some other harmful :compound, fir. . Pitt stated that this particular point had been discussed at ail earlier meeting and, expressed..the view that the precautionary language, using the word "CE" covered the problem. Thereafter, discussion related, to whether the lead labeling walming statement should be used only for paints, containing: more than one percent of lead. The consensus of the members favored such use, Mr. ficlnnes inquired as to whether, the warning- statement'"DO HOT APPLY: ON TOYS, . FUltonRE;^ SIJBMe S'; WHICH; MIC-H2, .BE, CHEWED : BY CHIIDREN11 should be in V ; capital1 letters,/;.. MbifEdcart, 'expressed, a negative viewpoint. Mr, Slocum stated that, the- cbmmittee;;ahd:the, industry must watch that the type used in the, warning, . sthtemeht1':ib` not' tbb'.anali: :and;.that: it also : be used in contrasting colors in a conspicuous,,manner.Mr*;:;Siocum:warned that otherwise the New York City:'-Health: f authorities'-'would specify!.thb size and type,; as had. happened in the administration: 1: of the New.JIbrk-City^-Fire Department/regulations Vwhich designate, the size,of type:0 Mr. Silverstein exhibited a sample mill: container, on two sides of which no print ing or advertising appeared, except the ..stamp of approval, required by the New York City HealthDepartment. Hr Trichter, Assistant Commissioner of Health, in New York. : City, .; had'described this sample to Mr Silverstein as evidence of the: Board of Health1 s ppwer as to labeling and containers, : The meeting recessed for lunch at 12:30 P-M, and reconvened at l:u5 P,H, at the same, place, . Mr. Pitt recommended a, survey of reactions of customers in a paint, store, be.made to determine how; effective warning labels are. Dr. Foulger told of the work of the EPI' o9ftV -> Toxic Materials; Corimttee\'vd.thL';.';re.'spect' to the designation of hazardous: substances. Mr. Hill stated:that he'hoped the Committee and the industry would Capitalize on,: this :iead'lahelirig^MttCr, instead :ofjapqldgizing fdr: the' presence; of some lead in .. paint. ' .. Mr. Pitt told that the industry had made a tremendous 'Contribution; to the consumer by the- work :of;ithe:;i&ustry iabeli'CdmEdttee, the Execxiitiv-,e'Committpe'; and- the, t. A'd4b.ciatLo'h^'t';'.?^thCr>:.^dTis1^''xoht^bu`i2Lon'is; found ' in the Z66.\QC4mratteetv He said the indubtrythbuid. q^)italize :ph that investment. Hr. ^HiliCmehtib^.^.;-his/---.. tompah^t^ipro^aaij'.bf'^belixig its: hazardous products and the.reports: showing: such iabeling;,/lfes hot affected sales. : Mr. Eckart stated the incfostry must go forward, on this problem, of lead labeling. He recommended, the ' size, of type/in the warning' statement should be the same as that -of the directions for use. Dr. Foulger said the warning statement type should not be smaller' than that of the directions for use, but contrasting*, Mr. Eckart pointed out;, that the,' warning statement with respect to flammability must, of necessity, be slightly larger than the lead warning. Most Committee members con curred that! the lead warning statement should bedin. conspicuous type so. that no basis would exist for any Health Department to specify a particular tjpe. The Committee then discussed the point as to whether it. was a good idea to put1 the,: leadwamirfg statement in the directions for use. There was considerable dis-- . cus sion amqng the moabers as to the location, size of type, statements of other risks -and'-other phases; :bpncerning';a uniform'warning- l^tbel.i--: All members of the Committee : contributed their views to; the discussion. The Committee then prepared the follow ing resolution which was read to the meeting by Chairman; McDowells JrEesolved that the industry males known to; users of its products the hazards involved in use thereof by placing on labels appro priate warning' clauses, said clauses to: be in size and type at !|.east equal to. but contrasting- to the size of type, of the.'di-- . ypecrtions foryuse; that reference! to special- 'risks' be-in some*- 'yyyrha.t larger type :than;,that of the directions of use; and that all ., such clauses be placed on the label in close proximity to or in-- : :: V ; icoiporated in the directions for use.'* Mr. Slocum moved the adoption of the resolution, as read, with the amendment that it should, be;;jreportedyto!' the 'Executive Committee . of the Association, and :circifln ted ;.to the Association.5 s^membership.:'^/ Mr. ySckarti stated that the warning clause should be recommended .to the' industry and. that the hecommendatiori should refer to the body and type in relation to the directions for use. . He spia the warning with respect to, lead should be :in:the;::same type, but.'in somewhat larger letters with the flammability statement in bolder !type.. Mr. Eckart re commended the Committee take no position ..on whether the warningstate-- !' ment should be boxed on a label., Mr. Eckart's suggestion that tv/o forms of the: j; . uniform wirning label (ode in a short, .vertical form, the other in long, horizontal form) be prepared and submitted to the Ihcecutive Committee, was adopted. ! y Mr. -Slocum renewed his motion on approval of the Committee* s resolution of recommendationL and also amended his original motion to the effect that,: after the uniform vv&niing'labels-: are approved by the Executive Committee, they be sent toy local associations as well as to the membership; and that those members who sell y EF'I UUU?1! *4* their proGhcts iri; the ReW lork City area also receive a copy of -the :Ee#,-Tqrk Hi4t^`iea4/L!abeli4g.:RsgPl^#ioni\.^oget^e? with copies , of the Association* s!' reeoimmWided./WarhiaAia ;as-finally. recommended The- motion was; seconded apd.:uhap4^o4sly:'.adppted,. 1. Mr Pitt referred to L:ew York Bills (A-hOp and S-3H) which proposed labeling, of paints; icontaining lead, and - requiring use . of the; word '"Poison11 on,;.the label:,;, MEr Sloctim;:hdviheid',thailewYork1 Association, was' aci^ainted::wdhdi.''theibill;-a.nd, 'ex-- plained What: Was':i:beiflg,?;'ddhe :;lh " connection With 'this legislative '-proposal"; :: , A Committeh rieniber requested;all ComrrLttee ,mei>ers; ;be given a list1 of the Industry Label Committee membership; Mr . Boland stated that would be done* The mseting then adj ourne d Respectfully submitted* A , g / /? v DAIfEL L BOLAKD General Counsel , ELBsma ; d'W'i "i - ' ' . ' : < o dv'v';i vdl'V?A;. , ' " ; - .- : . . . :v-bv -.'-.'-W-WA-Ai : .. ' . - ./ EPI .000912