[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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