I/EC
SAFETY
Guidebook for Technical Management'
Role of the Specialty Chemist in Precautionary Labeling and Poison Control The
chemist
can
help
manufacturer,
legislator,
and
enforcement
a g e n c y w a r n of product h a z a r d s t h r o u g h s o u n d , u n i f o r m
labeling
by Harold G. Lederer and William J. Shibe, Jr. R. M. Hollingshead Corp., Camden 2, N. J. I N U R I N G the beginning of the pres-
ent century the public became aware of the fact that, in the U n i t e d States, m a n y of the household products being used were potential hazards. T o protect the American population, Congress passed the Caustic Poisons Act which directed the labeling a n d use of certain specific chemicals, the first Food a n d D r u g Act which governed the labeling of certain c o m p o u n d s that were used to mitigate disease, a n Insecticide a n d F u n gicide Act which required the ingredient statement to a p p e a r on labels with cautions as to their use, a n d in 1938 a new Food, D r u g , a n d Cosmetic Act. Immediately after World W a r I I a modern Insecticide, Fungicide, a n d Rodenticide Act became a law which protected the public not only in control of disease, but also gave warnings as to t h e chemical action of these products in their misuse. At present there a r e several bills in Congress governing the labeling a n d sale of hazardous household substances in general. O w i n g to scientific advances, m a n y new chemicals are being used, a n d members of the ordinary consuming public a r e frequently u n a w a r e of the hazards that could arise if the product were not used as directed by the manufacturer. This is especially i m p o r t a n t to parents who need to be warned to keep such products in a safe place a n d out of reach of children, w h o m a y misuse them. Uniformity of labeling was deemed to be essential, not only as an economic necessity, but also as a means of ensuring the understanding of the cautionary message by the consumer. For some time organizations such as
These Four Principles A r e R e c o g n i z e d b y G o o d Label Copywriters • The label of a product which presents a hazard to the consumer should identify its hazardous ingredient, primarily for information of the physician summoned in the event of an injury; it should state the nature of the hazard and the procedure to be followed in using and handling the product. • A product which is not hazardous in directed or reasonably anticipated use should not be required to carry any precautionary labeling. Overlabeling is as harmful from the standpoint of the consumer as is underlabeling. • Regulatory labeling legislation should be uniform, not only to permit the manufacturer to market his product under one label, but also to educate the consumer as to meaning and importance of precautionary labeling. ^ The labeling of consumer products presents a particular problem and requires special treatment. The household as the place of use, the utilization of label space for manufacturer's message, and changes in product formulation are some of the facets of this problem.
the Chemical Specialties M a n u facturers Association, the Manufacturing Chemists' Association, and the American Medical Association have been aware that pertinent legislation has been a n d is still being considered by the several states a n d the Federal Government. These organizations felt that they should do their part in p r o m p t i n g the adoption of sound legislation, as this would be the best way of achieving good labeling, acceptable to the conscientious manufacturer a n d to t h e regulatory authorities. After several years of study a n d discussions with allied
industry groups, the Precautionary Labeling Committee of the Chemical Specialties Manufacturers Association published its Model H a z a r d o u s Substance Bill which has been a guide for m a n y legislative measures. It is hoped that by articulating the principles of precautionary labeling, we m a y serve the cause of sound a n d uniform labeling a n d assist the manufacturer in his task of warning the consumer where this is necessary. It is also hoped that through knowledge gained, the chemist will be of assistance to those officials, state a n d federal, w h o m a y be charged with VOL. 5 1 , NO. 12 ·
DECEMBER 1959 7 9 A
I/EC
G u i d e b o o k for Technical
the task of enforcing statutory label ing requirements. T h e proposed C S M A Labeling M a n u a l is now being prepared by the Precautionary Labeling Committee of the Chemical Specialties Manufacturers Associa tion, Inc., N e w York, Ν . Υ. T h r o u g h this m a n u a l , each m a n u facturer may ascertain from reliable sources, such as listed, the hazard a n d its degree in his own products, a n d , if in doubt, he may through services of an independent testing laboratory secure information that he desires. It is hoped t h a t legislators and their advisers, in considering any pertinent proposed legislation, as well as the enforcing officials, will check such proposals against the above principles. T h e individual entrusted with the i m p o r t a n t j o b of drafting a label should be aware of the chemical composition of the product, the hazards which it presents, the directed a n d reasonably anticipated uses to which it may be put, applica bility of various state a n d federal legislation, and the rapidly changing a n d sometimes inconsistent require ments imposed by courts of law. T h e first thing to be considered in deciding upon the need for pre cautionary labeling is the formulation of the product, because this will, in most cases, determine its h a z a r d o u s characteristics. Nearly all house hold chemical products are mixtures or blends of several different chemi cals whose hazards m a y be increased or lowered for a variety of reasons, depending on dilution rate, per centage present, synergism, or in hibition. Since each manufacturer m a y have a different formula for the same type of product, a n d since the formula m a y be varied from time to time, it is impossible, except in a very small n u m b e r of cases, to lay down any h a r d and fast rules for product types. F u r t h e r m o r e , any variations from a product's original composition which m a y result from packaging, length a n d conditions of storing, shipping, etc., must also be taken to account. Decomposition, phase separation, a n d chemical re action m a y w a r r a n t consideration, as they could result in the creation of new or additional hazards not in herent in the original formulation.
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Management—SAFETY
In ascertaining the hazards of a product or its con stituents, these sources will prove helpful: Reference Works. Information relating to h a z a r d s , as well as antidote a n d first aid information, m a y be obtained in m a n y cases by consulting reference books. T h e Basic Chemical Manufacturer. T h e producers of basic chemicals usually have a technical staff which might supply infor m a t i o n as to hazards associated with their products. These hazards m a y have some relationship to hazards of the product being labeled. Your Technical Staff. Your laboratories or technical service divisions m a y be able to supply you information relating to hazards. Public Agencies. In m a n y cases, rulings, comments, a n d sugges tions m a y be obtained from federal agencies such as the Public Health Service, Food a n d D r u g Administration, D e p a r t m e n t of Agriculture, Interstate C o m m e r c e Commission, and Bureau of Explosives, as well as their state a n d municipal counterparts. Label on Goods R e c e i v e d . A w a r n i n g or disclaimer statement on the label of the bulk container of raw material received in your plant m a y indicate a h a z a r d that m a y be in the finished product. Labels on Similar Products on Present Market. T h e labels of similar products should be consulted, for they m a y give clues as to possible hazards. H a v i n g determined the composi tion of a product, together with any changes which m a y occur therein over a period of time, a n d having re ferred to applicable sources for avail able information concerning the haz ards of the constituent ingredients, the person in charge of writing the label should know, with a reasonable degree of certainty, whether further laboratory testing is required to determine if precautionary labeling is required for his product. Unfortunately, the scope, a n d hence the cost, of a full testing pro g r a m necessary to establish the hazards presented by a product have no relation to the anticipated profit to be derived from its sale. Nevertheless, a manufacturer or dis tributor who sells a product without disclosing its hazards does so at his own risk. F u r t h e r m o r e , the poten tial liability of a manufacturer resulting from the increasing strict standards which are being applied by courts of law to w a r n i n g labels, a n d from the labeling statutes already enacted m a y make the required laboratory test a p p e a r to be relatively inexpensive as a n alternative. A hazardous substance can be toxic, corrosive, an irritant, strong sensitizer, flammable, or one which generates pressure t h r o u g h decom position, heat, or other means, if such
INDUSTRIAL AND ENGINEERING CHEMISTRY
substance or mixture of substances m a y cause substantial personal in j u r y or illness during any customary or reasonably anticipated h a n d l i n g or use. As there is some unfortu nate nonuniformity in hazardous sub stances legislation now in force, the labeler should refer to the specific definitions of suspected hazards present in his product. H e should be careful to examine all pertinent legislation. In determining the need a n d the a d e q u a c y of a precautionary w a r n i n g statement, a manufacturer or dis tributor must be able to anticipate the customary conditions u n d e r which his product m a y be used. H e should realize that if no directions for use are given, he is relying on custom a n d experience to govern the conditions u n d e r which the con sumers might use the product. Directions for use, when given, should be helpful in evaluating the conditions u n d e r which the product m a y be used. In addition to in forming the consumer of possible uses of the product, the directions should indicate the conditions u n d e r which the product m a y be used safely, and any precautions which should be taken by the consumer. Packaging also is an i m p o r t a n t con sideration in evaluating the condi tions u n d e r which a product m a y be
I/EC
Trustworthy "CLOSED-CIRCUIT" Cooling holds temperatures to close limits in entire processing column
Ο This Niagara "Aero" Vapor Con denser produces constant tempera tures, assures sustained capacity to this fractionating column, holding production and quality uniform. A closed system, it avoids fouling troub les, holds temperatures within speci fied limits at all points. It gives a higher vacuum than con ventional type condensers, effectively separating the non-condensibles at the condensate outlet, with sub-cool ing after separation. It produces this higher vacuum with use of less steam and power. It holds its full capacity with only a nominal consumption of water, using air as the cooling medium. It answers the question of water supply or dis posal. Mounted directly on the steel struc ture of the evaporator or distillation column, installation is simple, opera tion is dependable, maintenance is neither troublesome or expensive. For description and capacities write for Bulletin 129.
NIAGARA BLOWER COMPANY Dept. EC-J2, 4 0 5 Lexington Avenue NEW YORK 17, Ν . Υ. District Engineers in Principal
Cities
used. T h e form, size, design, etc., of a package m a y have a significant bear ing on the h a z a r d to the consumer. T h e applicability of pertinent legislation depends primarily upon where the product is manufactured and sold. If the market for the product is intrastate, the law of the particular state a n d / o r municipali ties therein will govern the labeling. At present, relevant federal legisla tion includes the proposed H a z a r d ous Substances Labeling Act; the Federal Food, Drug, and Cosmetic Act; Federal Insecticide, Fungicide, and Rodenticide Act; and regula tions a n d ruling's of the Interstate Commerce Commission, U . S. De partment of Agriculture (especially Interpretation 18), U . S. Public Health Service, Food a n d D r u g Administration, a n d Federal T r a d e Commission. At the state a n d municipal level, legislation requires precautionary labeling of hazardous household products. A n u m b e r of jurisdictions such as California, Hawaii, Illinois, Massachusetts, New Jersey, North Carolina, and Oregon have regula tions or ordinances governing the labeling a n d handling of hazardous industrial materials. These statutes should be reviewed if a product is sold for industrial as well as con sumer use. T h e r e is also a discerni ble, but uneven, trend in recent court decisions to place an increas ingly stringent duty upon the m a n u facturer to w a r n consumers of dangers inherent in his household products. Manufacturers and dis tributors of household products should also be aware of the progress of any relevant proposed legislation, as the passage of any such bills might increase their obligation. Precautionary labeling can only be effective if it is read by the consum ing public and readily understood. T h u s , the precautionary part of the label must be short, concise, a n d clear. Above all, it must be signifi cant. Its purpose is not to alarm the public or to confuse them. T o o much on the label, like the small print in some contracts, will result in the labeling not being read at all. T o o strong a warning, which m a n u facturers m a y use in an effort to obtain the utmost protection, m a y have a "cry wolf" effect and again
Circle No. 44 on Readers' Service Card
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Guidebook for Technical Management—SAFETY
INDUSTRIAL AND ENGINEERING CHEMISTRY
Contents of Precautionary Part of Label The name and place of business of the manufacturer, packer, or distributor The common or usual name, or chemical name, or recognized generic name of the hazardous substance or of each component which contributes substantially to the hazard One of the following signal words— "Danger," "Warning," or "Caution" When necessary, an affirmative statement of the principal hazards, such as "Flam mable," "Causes Burns," or similar descrip tive phrases Where necessary, a description of the action to be followed or avoided in using the product Where necessary, instructions for the first aid treatment in the case of contact or exposure The word, "Poison," for any substance which is defined as "highly toxic" Where necessary, instructions for han dling and storing packages which require special care The statement, "Keep out of the reach of children," or its practical equivalent
result in the label being ignored. T o be significant the label must be understood. T o be readily under stood, the precautionary part of the label must be standardized. T h e statutes provide that the en forcement agency may make excep tions to the above requirements, in the case of small packages where the inclusion of a complete pre cautionary label would not be feasible. I n general, when the size and shape of the container limit the a m o u n t of space for labeling purposes, the normal label state ment m a y be shortened, providing that the approval of the proper authorities has been secured. I n stead of describing both the prin cipal hazards and the precautionary measures to be taken, it is proper to employ the statement which gives the clearest warning to the user. It m a y be practicable to eliminate or reduce some statements, such as those referring to instruc tions for first aid treatment, for the handling a n d storage of the package or container, and for final disposal of the container.
Our authors like to hear from readers. If you have questions or comments, or both, send them via The Editor, l/EC, 1155 16th Street N.W., Washington 6, D. C. Letters will be forwarded and answered promptly.
