Document zQNobKOQd8xJVD8aNQ01Z4pjn

December 1, 1972 PAim a fJOATirJSy ASSiOCJATJO'j'J oe rspo Honorable Edward M. Kennedy Unload 5totes Senate Washington, 0. C. 20510 Dior Saneror Kennedy; Wa greatly appreciated the opportunity to discuss with Mr. latai the lagislotion which would omand the Leod-Sesed Point Poisoning prevention Act. At the representative of tha monufoctwran of mom than 90 parcant of tha dollar volwfflo of paints and alliad products ond os tha spokesman far tha major tuppliars pf row motarlals for rhasa products, wa ora, quite naturally, mast interested in any proposed Congressional oetion in this area. f t P t *ta itI Most assuredly, the problem of load poisoning of children is one requiring solution I on o priority basis. We continue to pledge our support in this endeavor. Additionally, j I would emphasize that we have not and will not attempt to place any advena economic impoct on our industry in o position paramount to the health of our Notion's children. Without question, our chlld'en's heelth must now and always be the primary eon- ; side ration. ; Actually, ony effective solution must consider two separate and distinct situations. Tho first, which is real, existing, and identified, is the old laed-basad paint which is flaking asid pooling from the wails of older housing, particularly dilapidated housing in urban areas. This old point, manufactured years ago, contained substantial amounts of basic carbonate of lead, on admittedly hazardous substance if ingested in sufficient quantities. This existing proolem can bo corrected if adequate funds ora provided and priority attention is given to it by authorities in those areas where the condition is most prevalent. \ r._ >t ; | f` ; The second situorian concerns the paint being manufactured today ond its relation ta tha safety of future generations. Wa agree that tha lead content of today's praduct should be set at a level which will not present a hazard years from now after several layers have boon applied. A safe lead-content standard should be established, this standard should bo vigorously enforced, and violators diligently prosecuted. J" I- L * . 'iXMthBMHUWM .1 HHffl 0007-SWP-036719 *. i N21893 Honorable Edward M. Kennedy United Store Senore Poge 2. 12/1/72 The reel question then it who* it rhlt soft ttondord? And, o related quesrion which eonnsr be owerloolctd ii whet relationship thould this irondard hove re the ttondord for lead content of points olreody on the wallt (or turfaeet of residential noutingj? The existing Lead-Boted Point Poisoning Prevention Act colls for a 1% level, while the regulations issued by FDA, in effect, reduce this to .5% effective January 1,1973. Without reason to believe that any reduction from the 1% level was necessary, our Association supported this regulatory change as on additional margin of safety and as evidence of good faith. We feel vary strongly, however, that any further reduction should be based on herd scientific data produced by adequate research. There l on absence of such date at this time. The provision in S. 3000, 92d Congress, directing that this reseorch be done by HEW was totally appropriate and would have provided this much needed scientific knowledge. The .06% standard is particularly troublesome to the industry end, I believe, to the housing authorities, it is bated primarily on the work of Dr. Kehoe of Kettering Laboratory, which through extrapolations, interpretations, and assumptions, has be come the basis for the position of tho American Aeademy of Ptdiarrics. H must tie noted that Dr. Kehoe worked with load eeetore, which is very soluble,.end not the kind of lead compounds used in paint today, which ere for toss soluble. This research alto did not invslvo tho aetual feeding of paint chips to any control group. In con trast, other research done by Doctors Gage and Litchfield, which did involve animal feeding studies of point chips, indicates a much higher level to bo safe. Additionally, the extrapolation from Kshoe's work are based an an assumed absorption rata of 10%, whoieas preliminary studies dona recently in New York, involving animel-feedirigs, indicate en absorption factor of approximately 1%. We also attach significance to the fact that in Octabar 1971, the Director, Division of Haeardaiie Substances and Poison Control, within PDA wrote: "There is no data from scientific studios to show how much load in tho farm of paint chips a child might Ingest par day, nor what frac tion of such doily dost will bo absorbed.... .We am unable to produce epidemiological evidence of lead poisoning oven at 1% in dried paint films or documentary scientific evidence to support a finding that this level is enough to result in overt symptoms of load poisoning." Tho point is, there is on absence of empirical data and to impose en arbitrary standard at this time is, in effect, condemning a product which has not boon fairly tasted. Reseorch is underway which will provide a sound and reasonable bails far legislation, if needed. Our Association hat undertaken a rscorch program, to be conducted by an independent laboratory, involving animat-feedings of paint chips with the ingred ients being mad in modern paints. The test protocols have bean established, with the 0007--SWP--036720 Honorable Edward M. Kennedy Unifad Stores Serial# Pogo 3. 12/1/7* ouisfenca on<j edviet of FDA, the Bumou of Community Environmental Monogement (BCEM), leoding modicoI outnoritiei, ond orheri, and - tha project ii ongoing, Meaningful results will bo Ovoiloble during 1773, probably within 6 to B months. Alto, tha Institute of Environmantol Medicine of Now York Univanity Madicol Cantar ho* o raiaorch progrom gndorwoy, fundad by tha City af Now York. In addition, it ii undantood that FDA and BCEM hova undartakan raiaorch program* of tfmir own. Cartoinly tha tciantific knowladga baing davalopad by thorn itwdia* will providb many of tha ontwan to tha puaitiora which eaisr today. Wa urga that any lagiilarion which would raduea tha load lava I of modern paint* bo lew the .3% diroerad by FDA ba botad on tha iciantific data pradwead. At you recall, both tha Sonata and tha Ho u m contidarod thii mortar in >omo da toil during tha 92nd Congran although ftnol onactmanr wa* not ochiavod. Tha Samite bill provided for a standard of .3% effective January 1, 1973 with an automatic reduction to .069k o year later, ond olto provided for a raiaorch progrom by HEW to ba completed within B month*. On the other hand, the Houm bill provided tor tha .3% standard only and Included a much-needad federal preemption elaum, but mode no proviiian tor raiaorch. L ? . _ j. [ L ( w r !' j . . f'. ? Wo would welcome and support o measure in the 93rd Congress which combined feature* from bath of them version* namely, establishment af the .3% standard, e federallydirected end fundad raiaorch program* and a provision providing tor fsdercl preemption with mspact to load standard*. Wa would ba pleased to work with your staff In davaloping such o proposal. '* . j' - The provision for toll federal pieemprlon, similar re that In tha Federal Hazardous Sub* stances Act, is of vital concern to our Industry. Wa am toeing an avar-incraaslng number of differing state and local standards. Many |wrlsdlctlans aia adopting measwias which vary in cento nr, standard nntrietlara and afflictive data. This rnsulti In a sub* sfonriol burden en interstate commerce, causing unnecessary confusion and impediments to manufacturers moving their products across state linos. Clearly, one standard, bawd an hard scientific data should servo as the basis nationwide. It is strongly urged that a preemption clausa bo included in any legislation an this subject. . | ,l. L. l / 0007-SWP-036721 0007-SWP-000118038 Honorable Edward M. Kennedy United Stores Senate Pago < 12/1/72 We an delighted with the kind offer of Mr. lores to mail with us again in the naar future re discuss the mofter further and answer any questions concerning our position. Sueh discussion can bohelpful to us ail inarriving ar solutions ro this pressing problem, end we welcome itmost gratefully. Sincerely, Robert A. Roland Robert A. talond Executive Vice President RAR/rw NS J [ [ , } | j ' r [ f I v t 0007--SWP-036722 C 6 \ i t 0007-SWP-000118039 RECOMMENDED AMf NOME NTS Substitute for Subsections (x>, {y), ond (*) of Section T th* following; No parson the 11 knowingly sell, offer for sole, apply o' ecus* to be opplied leod-bosed point or similor surface coating met*riel, manu factured after th* affective dar* of this Act, intended For uM on th* following wrfgcts or articles; (l) interior surfaces of any dwelling; (2) exterior surfaces of a dwelling which are readily accessible to children under 7 year* of oge, such as stairs, decks, porches, railings, windows end doon; f3) toys or other articles intended for use by children; (4) residential furniture, and (5) cooking, eating and drinking utensils. No parson shall knowingly sell or offer far sal* any other lead-based paint ar similar surface coating material manufactured after the effective date of this Act that moy be purchased by the genera! public unless the container is clearly labeled at to its intended us* and bean on the prin cipal display panel the ward "WARNING" and th* following statement: "CONTAINS LEAD. DRIED FILM OF THIS PAiNT MAY BE HARMFUL IF EATEN OR CHEWED. See other cautions an (side or back panal." These products shall also boar on their lebel the fallowing additional statement or Its practical equivalent; "Do not apply on toys end other children's articles, furniture, or interior surfaces of any dwel ling or facility which may be occupied or used by children. "Do net apply on these exterior surfaces of dwelling units, such es window sills, perches, stairs, or railings, to which children may be commonly xpoiad. "Keep out of the reach of children." The placement, campicuoutnau and contrast of the above labeling shall be in accordance with the requirements of Federal law and regulation* issued thereunder. _ No person shall knowingly sail, expose for sale, deliver, give away ar pose*si with intent ta sell, deliver or give away, any toy or other artiel* intended for usa by childnsn, residential furniture, cooking, drinking or eating utensil, manufactured after th* effective data of this Act to which any lead-based paint or similar surface coating material has bean applied. 0007--SWP-036723 0007-SWP-000118040 -2Any paint or other similar lurface coating matarial shall bt deemed ia ba lead-based whan it contoins leod compounds of which tha leod content, calculated as tha metal, is in excess of five -tenths of I per centum of the total weight of the contained solids or dried point film; or such lower standard for.leod content in residential paints os may hereafter be established by Federal low or leguiation. {Add appropriate penalty provisions) . | "J ....... i - IJUMSWi. 0007-SHP-036724 0007-SWP-000118041