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.

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

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).

END