[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 877 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 877
To amend the Agricultural Marketing Act of 1946 to require that a
warning label be affixed to arsenic-treated wood sold in the United
States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2001
Mr. Nelson of Florida (for himself, Mr. Dodd, and Mr. Kennedy)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Marketing Act of 1946 to require that a
warning label be affixed to arsenic-treated wood sold in the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arsenic-Treated Wood Mandatory
Labeling Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) inorganic arsenic compounds, such as chromated copper
arsenate (referred to in this Act as ``CCA''), are used as wood
preservatives;
(2) according to the Environmental Protection Agency--
(A) inorganic arsenic is a human poison;
(B) exposure to inorganic arsenic may be fatal; and
(C) at low levels, inorganic arsenic exposure may
cause--
(i) nausea, vomiting, and diarrhea;
(ii) decreased production of red and white
blood cells;
(iii) abnormal heart rhythm; and
(iv) blood vessel damage;
(3) the Department of Health and Human Services has
determined that arsenic is a known carcinogen;
(4) breathing inorganic arsenic increases the risk of lung
cancer;
(5) ingesting inorganic arsenic increases the risk of skin
cancer and tumors of the bladder, kidney, liver, and lung;
(6) to protect against health risks associated with the use
of CCA, CCA is classified as a ``restricted use chemical'';
(7) as a restricted use chemical, CCA may be purchased and
used only by a certified applicator (or a person under the
direct supervision of a certified applicator) whose
certification specifically covers the purchase and use of CCA;
(8) individuals who use arsenic to treat wood are required
to wear--
(A) protective clothing; and
(B) a respirator, if the level of arsenic in the
ambient air of the workplace of the individual--
(i) is unknown; or
(ii) exceeds the permissible exposure limit
of 10 micrograms per cubic meter of air
averaged over an 8-hour workday, as required
under standards established by the Occupational
Safety and Health Administration;
(9) producers of pressure-treated wood are required to
provide consumer information sheets to all lumber yards and
other retailers of treated wood products;
(10) those information sheets provide instructions on how
consumers should handle treated wood products, such as
instructions on the use of protective gloves, coveralls, and
face masks when sawing treated wood products; and
(11) because many consumers in the United States are
unaware of the dangers of mishandling arsenic-treated wood, an
appropriate consumer warning label should be affixed to each
piece of arsenic-treated wood sold in the United States.
SEC. 3. LABELING OF ARSENIC-TREATED WOOD.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle D--Commodity-Specific Labeling Standards
``SEC. 281. DEFINITION OF SECRETARY.
``In this subtitle, the term `Secretary' means the Secretary of
Agriculture.
``SEC. 282. LABELING OF ARSENIC-TREATED WOOD.
``Each piece of arsenic-treated wood offered for sale in the United
States shall have affixed to the piece of wood a consumer warning label
that displays each of the following statements (or substantially
similar statements, as determined by the Secretary):
``(1) `This piece of wood has been treated with arsenic.'.
``(2) `Arsenic exposure through the mishandling of this
wood can cause cancer, nausea, vomiting, or diarrhea.'.
``(3) `Never burn this wood; doing so will release arsenic
into the air.'.
``(4) `To avoid the health risks associated with
mishandling arsenic-treated wood, you must wear gloves,
goggles, coveralls, and face masks when working with it.'.
``(5) `Wash exposed body areas thoroughly with soap and
water after working with arsenic-treated wood.'.
``SEC. 283. REGULATIONS.
``The Secretary shall promulgate such regulations as are necessary
to ensure compliance with, and otherwise carry out, this subtitle.
``SEC. 284. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.''.
SEC. 4. REPORTS TO CONGRESS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Report on Ongoing Arsenic Review.--Not later than 60 days after
the date of enactment of this Act, the Administrator, in consultation
with the Secretary, shall submit to Congress a report that--
(1) provides an update on the status of any ongoing review
by the Environmental Protection Agency of the health risks
associated with exposure to arsenic (including an estimated
date of completion of the review); and
(2) includes recommendations for interim guidelines,
pending the completion of the review described in paragraph
(1), for the use of arsenic-treated wood in public and
recreational facilities (including parks and playground
equipment).
(c) Report on Results of Arsenic Review.--Not later than 30 days
after the date of completion of the review described in subsection
(b)(1), the Administrator, in consultation with the Secretary, shall
submit to Congress a report that--
(1) describes the results of the review; and
(2) includes recommendations for final guidelines, pending
the completion of the review described in paragraph (1), for
the use of arsenic-treated wood in public and recreational
facilities (including parks and playground equipment).
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