handbook of chemical industry labeling

HANDBOOK
OF
CHEMICAL INDUSTRY
LABELING
Edited by
Charles
J.
O'Connor
Labeling and Hazard Analysis Consultant
Greens Farms, Connecticut
Sidney
1.
Lirtzman
Baruch College
City University
of
New York
New York, New York
NOY
ES
PUBLICATIONS
Park
Ridge,
New Jersey,
USA
Copyright
01984
by
Noyes
Publications
No

part
of this
book
may be reproduced
in
any form
without permission
in
writing
from
the Publisher.
Library of Congrerr Catalog Card
Number:
83-22108
ISBN 0-8155-09a4
Published
in
the United States of America by
Noyes Publications
Mill
Road,
Park Ridge,
New
Jersey
07656
1098765
Library of Congress Cataloging
in
Publication Data
Main entry

under
title:
Handbook of chemical
industry
labeling.
Includes bibliographies and index.
1.
Chemicals- -Labeling-
-Law
and legislation- -United
States.
2.
Products liability- -Chemical products-
-
United States.
3.
Chemicals-
-
Labeling-
-United
States.
1.
O'Connor, Charles
J.
KF3958.H36 1984 344.73'0424 83-22108
ISBN 081!j6.0966-0 347.304424
Contributors
Adria C. Casey
Stauffer Chemical Company
Westport,

CT
Harry
Fund
Labelmaster
Chicago, IL
Anthony
J.
Gmo
The City College
of
New York and
the Mount Sinai School
of
Medicine
New York, New York
John
E.
Gillick
Kirby, Gillick, Schwartz and
Tuohey, P.C.
Washington, D.C.
Steven D. Jellinek
Jellinek Associates, Inc.
Washington, D.C.
Sidney
I.
Lirtzman
Graduate School and University
Center and Baruch College
City University

of
New York
New York, NY
Jennifer Machlin
Orrick, Herrington and Sutcliffe
San Francisco, CA
Donald G. MacKellar
Toxigenics, Inc.
Decatur, IL
Richard Moriarty
National Poison Center
Children’s Hospital
Pittsburgh, PA
Charles
J.
O’Connor
Labeling and Hazard Analysis
Greens Farms,
CT
Flo
H.
Ryer
U.S. Environmental Protection
Agency
Washington, D.C.
Consultant
Norma Skolnik
International Playtex, Inc.
Paramus, N.J.
Robert M. Sussman

Covington and Burling
Washington, DC
James Toupin
Covington and Burling
Washington, DC
xi
xii
Contributors
Jay
A.
Young
Consultant
Silver Spring, MD
David
F.
Zoll
Chemical Manufacturers Association
Washington, D.C.
Contents
PREFACE

v
CONTRIBUTORS

xi
PART
I
LABEL COMMUNICATION
1
.

LABELS, PERCEPTION
AND
PSYCHOMETRICS

5
Functions
of
Labeling

5
Background

5
Definition

6
Purpose
of
Labeling

6
Views About Labeling

8
Sidney
Z
.
Lirtzman
Hazard Labeling

9
Perceptual
Issues
in Labeling

10
Perception

10
Perceptual Representation

10
Attention Processes

12
Form

13
Color

13
Color Preferences

14
Color and Emotion

16
Color Visibility

18

Color and Hazard Labeling

18
Legibility

19
Symbols
and
Labeling

20
Advantages
of
Graphic
Symbols
in
Labeling

23
Disadvantages
of
Graphic Symbols

23
Reading Level
of
Label

25
Estimating Reading Level

26
Evaluating
the
Impact
of
Labeling

27
Evaluation Criteria

27
xiii
xiv
Contents
Implications for Hazard Labeling

28
TestingMetho
ds

29
Tachistoscopic Procedures

29
Eye Motion and Pupilometrics Equipment

30
Research in Hazard Labeling

31
Attitudes About Hazard Warnings
on
Labels

31
Food Labeling

31
FDA and DHEW Research

31
Drugs

32
Pesticides

32
Children and Hazard Labels

32
Hazardwarnings

33
Improving
Label
Effectiveness

36
References

38
Additional Suggested Readings

39
2
.
INFORMATION SOURCES AND SYSTEMS FOR LABELING

41
Introduction

41
Regulatory Information

41
Government Documents

41
Computerized Data Systems

44
Access
to
Government Documents

45
Scientific Literature

46

Self
Services

46
Private On-Line Services

50
Search Services-Types and Costs

54
Government Literature Retrieval Systems

56
References

61
3
.
TRANSPORTATION LABELS AND PLACARDS: TECHNOLOGY

63
Introduction

63
Label Technology

66
Labels Other than DOT

71

Markings

72
Placards

72
Placard Technology

73
The Technical
Aspects
of Label Production

-79
Choosing the Label Material

79
Methods for Printing Labels

81
Planning A Label Program

83
Reference Guides

83
TheFuture

85
References

85
Norma Skolnik
Harry Fund
PART
I1
SCIENCE AND LABELS
4
.
HAZARD ASSESSMENT AND CLASSIFICATION
FOR
LABELING

89
Introduction

89
Classification Under DOT Regulations

90
Adria
C
.
Casey
Contents
XU
Forbidden Materials

91
Explosives and Blasting Agents

92
Flammable and Combustible Liquids

93
Flammable Solids. Oxidizers and Organic Peroxides

94
Corrosive Materials

94
Non-flammable and Flammable Gases

95
Poisonous and Irritating Materials

96
Etiologic Agents

97
Radioactive Materials

99
Other Regulated Materials (ORM)

100
Selection
of
a Proper Shipping Name

103
Classification Under RCRA Regulation

103
Definition
of
Hazardous Wastes

104
Empty Containers

120
Some RCRA Exemptions

120
Classification Under FIFRA Regulations

121
summary

122
Footnotes

123
Materials Meeting the Criteria
of
More Than One Hazard Class
.
.
102

5
.
LABELS AND MEDICINE

128
Introduction

128
Development of
First
Aid Statements

131
Richard Moriarty
6.ACUTETOXICITY

141
Donald
G
.
MacKellar
Introduction

141
Routes of Administration

142
Oral Administration

142

Dermal Toxicity

143
Inhalation

143
Ocular Toxicity Tests

145
Dermal Irritation

145
Intravenous
or
Intramuscular Injection

145
Species Selection

145
Animal Husbandry

146
Conduct of
the
Test

147
Calculation
of

Results

148
Test
Protocols
and Guidelinee

152
Guidelines

152
Acute
Oral
Toxicity

152
Acute Dermal Toxicity

156
Acute Inhalation

162
Eye Irritation

167
Skin Irritation or Corrosion

174
References

178
Suggested Reading

178
7
.
CHRONIC TOXICITY

179
Principlee of Chronic Toxicity

179
Introduction

179
Anthony
J
.
Garro
xvi
Contents
General Design
of
Chronic Toxicity Studies: Carcino-
genesis
as
a Model

180
Detection

of
Mutagenic Substances and Application of
Mutagen Screening Tests
for
the Detection of Chemical
Carcinogens

184
Introduction

184
Microbial Tests

186
Mammalian Cells in Culture

-188
Metabolic Activation

189
Insect Assays

190
In Vivo Mammalian Cytogenetic Tests

190
In
Vivo Mammalian Genetic Assays

191

Application
of
Mutagen Screening Tests for the Detection
of
Chemical Carcinogens

193
Quantitative Comparisons
of
Mutagenic and Carcinogenic
Activities

-195
Effects and Neurotoxic Effects

196
Introduction

196
Nononcogenic Chronic Effects

196
Teratogenic Effects

197
Reproductive Effects

197
Neurotoxic Effects

198
Toxicity Test Data
to
Humans

198
Epidemiology
as
a Toxicological
Tool

198
DNA Repair-Dependent Assays
of
DNA Damage

189
Noncarcinogenic Chronic Effects: Teratogenic/Reprodudive
Epidemiological Considerations and Application of Chronic
Qualitative Validation
of
Rodent Bioassays for the Identifica-
Validation
of
Animal Assays for Identifying Other Types
of
Quantitative Risk Estimates

201
References

206
tion
of
Chemical Carcinogens

199
Chronic Chemical Exposure-Related Health Effects

201
PART
I11
PRODUCT LIABILITY. REGULATIONS AND LABELS
8
.
PRODUCT LIABILITY AND LABELS

217
Overview

217
The
Social
Philosophy
and
Principles
of
the
Common
Law Duty

toWarn

219
The Common Law
of
Torts

219
Negligence

219
Strict
Liability

220
Other Theories
of
Liability

221
Review

225
Review of Court Decisions

226
The
Risk
of
Harm-What Must

A
Manufacturer Know About
His Own Product?

226
Foreseeability-What Must
A
Manufacturer
Foresee
About How
His Product
Will
Be Used?

229
What Kind of A Warning Must Be Given?

232
David
F
.
Zoll
Contents
xvii
How Far Into the Chain
of
Commerce Must the Warning Be
Sent?

236

Suggested “Duty To Warn” Checklist

241
Overview-The Need For an Information System

241
Product

244
Identify Mandatory Requirements

244
Identify Industry Customs and Practices

245
Identify Foreseeable Uses and Misuses Of The Product

245
cation Available

245
Use Common Sense

C

246
Congressional Initiatives in the Product Liability Arena

246
Collateral Issues

246
Footnotes

247
9
.
PATENTS, TRADE SECRETS AND TRADEMARKS

252
Patents

-252
Basic Coverage
of
the Patent Act

253
The Importance
of
Patent Searches

259
Protection in Foreign Countries

260
Label Licenses and Patent Misuse

260
Patent Marking

262
Trade Secrets

263
Compile Health And Environmental Effects Information On The
Identify The Primary and Supplementary Methods
of
Communi-
Consider the Efficiency
of
the Specific Messages
of
Warning
.
.
245
James Toupin
Patent Disclosure Requirements and Trade Secret Protection
.
.
257
Basic Requirements and Relationship
to
Patent Protection

264
Trade Secrets and Labelling Hazardous Substances

268

Trademarks

271
Types
of
Marks Protected

271
The Choice
of
Trademarks

273
The Usefulness
of
Searches in Choosing Trademarks

274
Guidelines for Preventing Trademarks from Becoming
Unprotectable

275
Registering Trademarks

276
Trademark Registration Marking

278
Copyright and Trademark Protection
of

Labels Compared

279
Footnotes

279
10
.
PESTICIDE LABELING UNDER THE FEDERAL INSECTICIDE.
FUNGICIDE AND RODENTICIDE ACT (FIFRA)

281
Introduction

281
EPA’s Pesticides Program

282
Introduction

282
Registration

282
Conditional Registration

283
Tolerances

-283

Special Registrations

284
Reregistration

284
Rebuttable Presumption Against Registration (RPAR)

284
Imports and Exports

285
Steven
D
. Jellinek
xviii
Contents
Information That Must Be Included In Pesticide Labels

285
General

285
Product Identification

286
Warnings and Precautionary Statements

288
Directions For Use

292
Format of Pesticide Labels

295
General

295
Placement of the Label

295
Placement and Prominence
of
Label Statements

297
Labeling for Experimental
Use
Permits

298
Label Improvement Program

298
Conclusion

299
11
.
LABELING UNDER THE TOXIC SUBSTANCES CONTROL ACT

(TSCA)

300
Robert
M
.
Sussman
EPA's General Labeling Authority Under Section 6(a)

301
Definition of Unreasonable Risk

302
Hearings

306
Adequate Protection

306
Least Burdensome Requirement

306
Category of Chemicals

307
Relation to Other Statutes

308
Effective Date

308
Required Testing

308
Labeling Requirements for PCBs

311
EPA's Disposal Regulations

312
Confidentiality Protections

309
Statutory Provisions Relating to PCBs

311
EPA's Ban Regulations

313
Court Decisions Involving PCBs

314
Footnotes

314
12
.
LABELING UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA)

316
Robert
M
.
Sussman and Jennifer Machlin
The Statutory Hazardous
Waste
Management Program

316
1004(27) and 3001

316
3002,3003, and 3004

318
RCRA Requirements for Labeling Hazardous
Waste

320
Part 171: General Information

321
Part 172: Hazardous Waste Communication Regulations

321
Part 173: General Shipment and Packaging Requirements

322
Parts 174-177: Shipment of Hazardous Waste by Rail, Air,

Vessel, and Public Highway

322
Parts 178-179: Shipping Container and Tank Specifications
.
.
323
Identification of Hazardous Waste: RCRA
8
0
1004(5),
Standards Applicable to Persons Who Generate, Transport,
Treat, Store, or Dispose
of
Hazardous Wastes: RCRA
8 8
13
.
LABELING REQUIREMENTS ADMINISTERED BY THE CON-
SUMER PRODUCT SAFETY COMMISSION (CPSC)

324
Labeling Under the FHSA

325
Robert
M
.
Sussman
Contents

xix
Purposes and Overall Approach
of
the FHSA

325
Definition
of
“Hazardous Substance”

325
Warning Requirements Prescribed Under the FSHA

330
Compliance With Statutory Labeling Requirements

331
Banned Hazardous Substances

334
Preemption
of
State Regulation

338
Consumer Product Safety Act

338
Safety Standards and Bans

339
Reporting Under Section
15

347
Footnotes

350
CPSC Authority to Designate Hazardous Substances by
Regulation
or
Prescribe Special Labeling Requirements

332
Regulation
of
Electrical. Mechanical and Thermal Hazards

336
Labeling Requirements Promulgated Under Section 27(e)

345
14
.
LABELING IN TRANSPORTATION

352
Introduction

352

Development
of
the Transportation Department’s Hazardous
Materials Transportation Regulatory Program Over the Last
Decade

352
Hazard Information System

353
Consolidation of Regulations

354
Emergency Response Capability

356
John
E
.
Gillick
Environmental and Health Effects Materials

356
UN Shipping Descriptions and Identification Numbers

357
Conceptual Overview
of
Compliance with the Hazardous
Materials Regulatory Program

358
Compliance with the Program’s Labeling Requirements

361
Labels

361
Marking

366
Placarding

372
Hazardous Materials Transportation Regulation in the
1980s

376
Appendix A: Schedule for Review
of
Hazardous Materials
Regulations
by
the Department
of
Transportation

378
Appendix B: Glossary

378
Footnotes

380
15
.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
(OSHAkLABELING IN THE WORKPLACE

385
Introduction

385
Labeling Requirements in OSHA Safety Standards

386
Labeling Requirements in OSHA Health Standards

387
Asbestos

387
Carcinogens

388
Vinyl Chloride

389
Arsenic

389
Lead

390
Benzene

390
Coke Oven Emissions

391
Cotton Dust

391
1,2.Dibrom 0.3chloropropane and Acrylonitrile

392
Flo
H
. Ryer
xx
Contents
Cancer Policy

392
The Need for Labeling

393
History
of
the Proposed Labeling Standard

394
Provisions
of
the Proposed Labeling Standard(s)

395
Effective Dates

399
Appendices in the Standard

399
Summary

400
PART IV
INDUSTRY STANDARDS AND PRACTICE
16
.
AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)
GUIDE TO PRECAUTIONARY LABELING OF HAZARDOUS
CHEMICALS

407
Precautionary Labels

407
Historical Development

408
ANSI 2129.1

410
B.l General

411
B.2 Labeling Carcinogens

411
B.3 Labeling Reproductive Toxicants

412
B.5 Labeling Mixtures

412
B.7 Precautionary Measures Applicable
to
Serious Chronic
Effects

412
B.8 Placement of Statements of Hazard for Serious Chronic
Effects

412
Footnotes to Appendix B

414
Jay

A
.
Young
AppendixB

410
B.4
Labeling Other Serious Chronic Effects

412
B.6 Signal Words Applicable to Serious Chronic Effects

412
Construction and Judgement
414
17
.
OTHER RECOGNIZED LABELING STANDARDS

416
Charles J
.
O'Connor
National Fire Protection Association-Identification System NFPA
704
Fire
Hazards
of
Materials-1980

416
Kind of Hazard

417
Degree of Hazard

418
Spatial and Color Arrangement

420
NIOSH-An Identification System for Occupationally Hazardous
Material

420
ASTM 2535.2 Proposal

427
National Paint and Coatings Association

428
The Paint Industry Labeling Guide

428
Hazardous Materials Identification System

429
ANSI Adjunct Systems

444
The

J.T.
Baker Chemical Company Saf-T-Data" System

444
The Fisher Scientific Company Chem-Alert" System

445
18
.
MATERIAL SAFETY DATA SHEETS

446
Footnote

451
Jay
A
.
Young
Contents
xxi
APPENDIX: OSHA
1983
STANDARD

452
~1910.1200
Hazard Communication

452

Appendix A
to
131910.1200:
Health Hazard Definitions (Mandatory)

466
Appendix C to
131910.1200:
Information
Sources
(Advisory)

470
Miscellaneous Documents

471
Bibliographic Data Bases

472
ACRONYMS

473
Appendix
B
to
~1910.1200:
Hazard Determination (Mandatory)

469
INDEX

476
Preface
This
handbook presents for
the
first time, in
a
single volume,
a
concise
treat-
ment of
a
long negleded subjectChemica1 Industry Labeling.
The
necessity
for such
a
volume
has
long existed and
has
been highlighted in recent months
by news of newly
legislated
worker and public "Right
to
Know"
obligations in

Connecticut, California, New York, New Jersey, and Philadelphia
as
well
as
the
recently published Federal
OSHA
Hazard Communication
Standard.
"he
need for informative labeling in the workplace, transportation, distribu-
tion and
disposal
operations
has
been formally
recognized
in various city,
state
and
Federal
statutes
and regulations. Society
at
large
has
demanded increased
information on chemical producta
for
many years;

organized
labor
has
long
been in
the
forehnt for an improved hazard label communication program;
and
the
chemical industry published
the
first
label
guide
for
its
members in
1938,
and
has
updated
its
guide
to
precautionary labeling periodically,
culminating in
1976
as
the
American

National
Stundurd
(2129.1)
for
the
Pre-
cautionary
Labeling
of
Hazardous
Zndustrial
Chemicals.
It was the need
to
serve these
three
major
populatiom+labor, industry, and
the
public that led
to
publication of
this
handbook.
It
is
designed
to
provide
an in-depth review of, and

act
as
a source for the
major
elements of
a
Hazard
Label
Communication Program.
Today, labeling
is
defined
as
all
written, printed and graphic
material
that
accompanies or may accompany
a
product.
In
some
cases
it
may include adver-
tising and
material
data
sheets.
It

is
sometimes referred
to
as
product commu-
nication, or product information.
Typically,
a
label
provides information on what
the
product
is,
what
it
does,
how
to
use
it,
how not
to
use
it, and how
to
dispose
of
it,
what
to

do if
a
fire.
occurs,
or
a
spill
or
leak,
and
first
aid when appropriate.
A
chemical label should include
the
name of the chemical in sufficient detail
to
permit
(1)
medical
treatment in
case
of an accident and
(2)
appropriate and
effective emergency
response
in case
of
fire, spill

or
leak.
Medical
instructions
should be written by an occupational health physician.
An
additional prudent
vi
Preface
step would be
to
review such instructions with the National Poison Control
Center in Pittsburgh.
This Center run by Richard Moriarity is probably the best single source of
information for the emergency treatment of consumer and occupational chem-
ical exposure. Operated by physicians, nurses and pharmacists
24
hours
a
day,
every single day of the year, it
is
available instantly by phone. The Center will
accept trade secret data on
a
confidential basis
to
be used only in
case
of a med-

ical emergency. The true chemical identity of one’s product will only be re-
leased
to
a
physician who is treating a medical emergency. The cost for this
service
is
very modest.
For the purpose of emergency response to a major spill,
a
fire
or
a
leak,
at
the
minimum the Department of Transportation (DOT) nomenclature should be
followed; for those chemicals that meet the requirements of any one or more
DOT classes
a
UN or NA number must also be assigned. Chemtrec,
a
24
hour,
every day, all year emergency response center, is available for emergencies by
phone. Chemtrec will accept product information that would be useful in
re-
sponding
to
fire, leak or spill emergency situations. This Center,

run
by the
Chemical Manufacturers Association (CMA)
as
a
public service
is
probably the
best single source of emergency response information. The Chemtrec phone
number with an appropriate statement should appear on the label. A closely
related service is
The
Emergency Response Guide
published by DOT.
The
Emergency Response Guide,
produced by the applied Physics Laboratories of
John
Hopkins University and reviewed by an industrial chemical advisory
group, was published by DOT in
1980.
It
is
currently undergoing revision and
a
new edition should be available soon.
This
DOT pamphlet
is
intended

to
accompany every transport vehicle that
moves hazardous chemicals, be available in every fire house, on every
fire
truck, in every ambulance, police car, police department and emergency re-
sponse center in the nation.
The Guide
lists
by proper shipping name and also by UN/NA number
all
chemical commodities regulated by DOT with cross-reference
to
specific in-
structions on what to do in case of
fire,
spill or leak.
It
is
the best single,
printed source of emergency response information available today.
There
are a number of different ways of supplying sufficient information
about
a
product,
so
that users, transporters and workers can be
assured
of ade-
quate information in case of accidental exposure. There

is
evidence from
the
social sciences that simplified identification coupled with expert instruction
is
superior to reliance on chemical nomenclature to convey hazard information.
When one has selected some combination of chemical nomenclature, generic
name, and
first
aid and emergency response instruction, one should next con-
sider the selection of
a
signal word and
a
set
of hazard statements. Historic-
ally, “Danger”, ‘warning”, “Caution” have served
as
the three indicators of
potential hazard. “Danger” indicates the highest level, “Caution” the lowest
and ‘warning” is intermediate.
In
many standards, these words are further
defined in terms of LCso, LDso, flash point, skin corrosion and physical prop-
erties such
as
explosivity and radioactivil$. Studies have shown that workers
perceive
a
significant difference between “Danger”, and ‘warning” or “Cau-

tion”. However, little if any difference
is
perceived between ‘Warning” and
Preface
vii
“Caution.” This
seems
to
indicate that employers should instruct workers in
the meaning of these terms.
The selection of a signal word for certain chronic effects, i.e. cancer, teratol-
ogy
and mutation
is
a
controversial subject. When the chemical also possesses
acute hazards,
this
fact may determine one’s choice.
If,
for example, following
the ANSI Appendix, the product is extremely flammable
and
a
carcinogen,
the
signal word “Danger”
is
selected based on the flammability hazard.
“he

controversy centers about the fact that many practitioners feel the sig-
nal word “Danger” should be reserved for those hazards which
are
immediate
and life-threatening. The probability of human harm
is
virtually certain with
overexposure
to
acutely hazardous chemicals, but highly uncertain with
overexposure
to
chemicals that possess chronic hazards. This concept
is
referred
to
as
‘Zabeling Under Uncertainty”.
This probabilistic property
as
applied
to
carcinogens,
is
further defined
as
follows:
(1)
known human carcinogen,
(2)

known animal and probably human
carcinogen,
(3)
known animal carcinogen and
(4)
known mutagens. Much of
our knowledge seems
to
indicate that some mutagens are probably carcino-
gens. Anthony Gam discusses this relationship in
Part
II.
Some feel that ac-
tion should
be
taken on this information and others prefer
to
at
least
obtain
mammalian data before including any statement on
a
label.
An
appendix
to
the CMA
label
proposal establishes
a

selection system which
appears reasonable for most long-linked chronic hazards, i.e., cancer,
mutagens and teratogens.
Although some
effects
as nephrotoxicity and hepatotoxicity
are
often treated
as
chronic effects,
at
times the onset of symptoms may be rapid, and when this
is
true, such
effects
should
be
handled
as
part of acute toxicity.
Statement of hazards should be simple, direct, and concise, but the
stress
should
be
on “simple”. The use of what have become standard phrases
is
en-
couraged. A
list
of

these
phrases
is
contained in the LAPUANSI Guide dis-
cussed by Jay Young in
Part
IV.
This book
is
organized
into
four parts: Label Communication; Science and
Labels; Product Liability, Regulations and Labels; and Industry Standards
and Practice.
Part
I
is devoted
to
the perceptual and graphic elements of hazard label com-
munication and the underlying science base which supports their practical
use. In Chapter
1
of
this
section Sidney Lirtzman reports on
a
radical
and revo-
lutionary Hazard Label Communication Research Program conducted by
O’Connor and Lirtzman, and the conclusions

to
which
their
research has
led.
The research program utilized specially modified infra-red eye
scan
equip-
ment.
The
basic equipment was provided by the Applied Science Laboratories
as
a working grant
to
the research team. Norma Skolnik,
in
the second chap
ter, provided
a
review and suggested program for utilizing both manual and
machine based data services,
as
a
source of label information. Harry Fund, in
the last chapter of
Part
I deals with the graphic and production
arts
required
to

print and manufacture
labels,
placards and tags.
In
Part
11
Adria Casey, Donald MacKellar, Anthony Garro and Richard
Moriarity discuss the applied science that underlies much of labeling. Anthony
Garro of Mt. Sinai School of Medicine and Donald MacKellar of Toxigenics,

vuz
Preface
Inc. exp!ore the biological basis for chronic and acute toxicity, while Adria
Casey explicates physical and chemical
test
parameters; and classification
based
on
physical, chemical and biological data.
Labeling, Product Liability and Government Regulations form the major el-
ements of
Part
111.
David Zoll of the Chemical Manufacturers Association leads
off with
a
discussion of product liability, the “prudent man” and case law.
James Toupin of Covington
&
Burling follows with a chapter on trade secrets,

patents and trademarks. Steven Jellinek discusses the label requirement for
the sale and use of pesticides under FIFRA. TSCA and RCRA labeling regula-
tions with specific case examples are explored by Robert Sussman and Jennifer
Machlin. Robert Sussman also covers consumer product labeling in his chapter
on the Consumer Product Safety Commission. John Gillick
of
the law
firm
of
Kirby, Gillick, Schwartz and Tuohey reviews labeling in transportation. He
details DOT label and placard regulations for air, water, road and
rail
move-
ments for packages as well as for bulk containers. Flo Ryer, former Director of
Health Standards for the Occupational Safety and Health Administration
(OSHA),
details the label requirements of
OSHA’s
Health Standards and re-
views OSHA’s latest label standard proposal.
This controversial standard has been in development for more than eight
years.
OSHA’s
latest draft includes provisions for container and reactor
labels,
area placarding, a material safety data sheet in the workplace, worker train-
ing and a provision for maintaining trade secrets. Overall this standard
is
performanced-based, apparently permitting many existing systems to meet
OSHA requirements.

In Part
IV,
the last section, Jay Young and Charles O’Connor discuss cur-
rent and proposed industry standards. The Chemical Manufacturers Associa-
tion (CMA) sponsored
ANSI
Guide
to Precautionary Labeling
of
Hazardous
Chemicals
and the National Fire Protection Association’s (NFPA)
Identifica-
tion of Fire Hazards
of
Materials
are the two oldest standards. The ANSI
Standard owes its beginnings to the original Labels and Precautionary Infor-
mation Committee (LAPI) Guide published by CMA in
1938,
while the NFPA
System was
first
explicated in
1952.
Jay Young outlines the basic requirement of the CMA sponsored ANSI
Standard and the specific elements required to compose an appropriate “Haz-
ard Label”. He brings special insight to this task, having served
as
the CMA

executive responsible for the labeling activities of the association.
The two systems are complementary. NFPA uses
a
color keyed symbol sys-
tem with high recognition value. This permits
an
observer to quickly assess
the hazardous nature of a tank or area. ANSI, relying primarily upon
text
to
convey its message,
is
better suited for container labeling. Intelligent applica-
tion of both systems significantly improves label hazard communication. The
current use and development of material safety data sheets are also discussed
as a
part of a hazard communication program.
An
example of such a combined system
is
offered by the NIOSH Identifica-
tion System for Occupationally Hazardous Materials.
This
identification sys-
tem uses color-keyed symbols with numerical “degree of hazard” indicators for
placards. The system adds precautionary text and hazard statements for la-
Preface
ix
bels, and requires the availability of a material safety data sheet in the
workplace.

The authors also include
a
discussion of the current ASTM
Z
535.2
proposal
for Safety
Signs.
This system combines three elements: color, shape, and signal
words
to
create three distinctive levels of hazard alert
signs.
ASTM uses the
traditional
signal
words: “Danger”, (‘Warning,” “Caution”. These words are
not independent elements, but are always combined with specific colors and
specific shapes.
“Danger” always appears with a combination of white, red and black on an
oval shape; ‘Warning” is used with a combination of orange and black on a
truncated diamond; and ‘(Caution” always appears on a rounded-corner rectan-
gle, colored yellow and black.
Jay
Young
and Charles O’Connor present the National Paint and Coatings
Association (NCPA) Label Guide and in-plant Hazardous Materials Identifica-
tion System (HMIS). HMIS
is
a

complete hazard communication system. It
utilizes labels,
tags,
wallet cards, wall posters, employee handouts, placards,
symbols for personal protection, an audio visual program, and a rating system
for health, reactivity, and flammability. This system
will
accommodate both
acute and chronic health effects. As in the NFPA System, blue, red and yellow
are used
to
highlight health, flammability, and reactivity. Rating
or
ranking
for each hazard class runs from one
(1)
to
five
(5),
with five
(5)
the most hazard-
ous. The
HMIS
Manual also includes a glossary, information on how to assign
hazard ratings, industrial hygiene, and raw material sheets. NPCA, under the
guidance of Larry Thomas, Executive Director, has produced an integrated
workable and highly valuable system.
I
would like to express my thanks

to
Corrine Hessel for her help in preparing
and reviewing the manuscript in development and through the galleys. This
book would have been impossible without her professional help.
I
hope that this handbook will provide
a
comprehensive library source, and
be useful for the health, safety, and legal decisions which must be made by
chemical manufacturers, attorneys, safety equipment producers, toxicologists,
industrial safety engineers, waste disposal operators, health care profession-
als, and
the
many others who may have contact with
or
interest in the Chem-
ical Industry due
to
their own
or
third party exposure.
Greens Farms, Connecticut
December,
1983
Charles
J.
O’Connor
Part
I
Label

Communication
Underlying the practices associated with labeling in the chemical industry
and in other industries, and for consumer product labeling as well, is the im-
plied but usually unstated assumption that labeling is important because ex-
posure
to
the label will cause changes
to
occur in the person who comes into
contact with the product to which the label is affixed. These changes
are
con-
strued
to
be either psychological in nature
or
changes in overt behavior associ-
ated with the problem to be avoided. From this perspective labeling is both a
communication process and an information handling process as far
as
people
are concerned. Thus, the evidence and data which behavioral science can bring
to
bear upon the labeling process
is
of vital importance to all those in the chem-
ical industry who are charged with the design, evaluation, and production of
labels to be used with
or
on products manufactured for distribution and

sale
and in the workplace.
This section presents three approaches to the behavioral science aspects of
the labeling process. Chapter
1
reviews in detail behavioral considerations
as-
sociated with labeling. In Chapter
2,
there is
a
discussion of the information
systems available to the labeler which are useful and necessary in decision-
making activities with respect
to
chemical labeling and classification. Follow-
ing in Chapter
3
comes a discussion of the technology of designing, developing
and producing labels and placards.
Chapter
1
provides a discussion of the functions of labeling and the nature of
labeling
as
a communications system whose function
is
to
deliver
a

message
or
messages to
a
reader
or
consumer. The chapter provides a definition of labeling
and discusses in some detail the purposes of labeling industrial products and
products in general. Alternative perspectives of the importance of the labeling
process in industry are presented as is an introduction
to
the problems in-
volved in hazard labeling in the industry.
This is followed by a detailed summary of the major perceptual issues associ-
ated with labeling, including the processes of perception, attention, form,
1
2
Handbook
of
Chemical Industry Labeling
color, color preferences and emotional characteristics, and visibility, and a
discussion of color and hazard labeling. The chapter also discusses the issues
associated with legibility and summarizes the evidence and controversy in-
volved with the use of symbols in the labeling process. The author also summa-
rizes both the advantages and disadvantages of graphic symbols and provides
some research evidence.
Also discussed in Chapter
1
is the issue of reading ability and reading levels
in terms of the usefulness of the label. The chapter also presents data associa-

ted with the evaluation of label effectiveness and discusses three major criteria
against which to evaluate results, including time, optical efficiency, and the
communication value of labels, and relates these
to
the issues associated with
hazard labeling. The reader is provided with a discussion of the methods now
available and in use for testing the efficiency and effectiveness of labeling.
The chapter provides the reader with a summary of research and results of
research conducted with respect to hazard labeling in the areas of foods, drugs,
chemicals, children and hazard warnings. The author presents in some detail
the results of research which has been conducted with respect to hazard warn-
ings, hazard labeling, hazard communications over the past five years. He pro-
vides the reader with a series of recommendations for practically improving
the effectiveness of the label and related guidelines.
A
detailed reference list and suggested readings is provided for the reader.
Chapter
2
provides the reader with a wealth of useful information designed
to improve the efficiency and speed of information access for those charged
with the responsibility for making decisions about whether specific labels are
required for a given product, and the nature of the information and warnings
which may be necessary in designing a useful label for a chemical product.
The chapter is divided into two major sections: the first summarizing sources
of regulatory information; the second sources of scientific information for use
in the labeling process. The
first
section on regulatory information summa-
rizes the nature
of

government documents and particularly discusses the Fed-
eral Register and the Code of Federal Regulations as they apply
to
the needs of
the labeler. Other sources of Federal documents, including the National Tech-
nical Information Service, and the Monthly Checklist
of
State Publications are
discussed. This section also summarizes the major computerized data systems
for Federal information, including the Federal Index Data Base, the Legal
Data System, including LEXIS and WESTLAW Systems. The chapter also dis-
cusses the easiest ways to obtain access
to
Government documents.
The second and more detailed section of the chapter discusses the scientific
literature data bases relevant to the process of labeling in the chemical indus-
try. It provides information with respect
to
services readily available to the la-
beler directly including libraries, chemical references and bibliographical
sources for toxicological and medical information. The importance of the com-
puterized literature retrieval system is discussed in detail because of its ability
to increase the comprehensiveness and the efficiency of the search, especially
for material involving hazardous chemical data in general and toxicological in-
formation in particular.
Chapter
2
provides
a
useful section on the issues associated with hazard

evaluation and offers a compilation of sources for toxicological information
Label Communication
3
which is very extensive and useful, especially to the novice in the field. The
chapter then describes in detail government literature retrieval systems, espe-
cially the Medlar’s System of the National Library of Medicine, which includes
over fifleen relevant data bases, including the Toxicology Data Bank,
MEDLINE, TOXLINE, RTECS (the Registry of Toxic Effects of Chemical Sub-
stances list), and CANCERLIT. A discussion on the Chemical Substance Infor-
mation Network (CSIN) being developed by the Environmental Protection
Agency is also included.
This chapter also discusses private on-line computerized abstracting serv-
ices, including the Chemical Abstract Service, and CAS ONLINE which is the
computerized system providing access
to
substance information from the
chemical abstract system registry file. The Lockheed DIALOG Information
Retrieval Service, BIOSIS Previews, CHEMSEARCH, CHEMSIS,
ENVIROLINE, the Excerpta Medica, SCISEARCH, and related services are
discussed. The Bibliographic Retrieval Services Data Base is also discussed in
some detail. A particularly useful aspect of this chapter is a discussion of
search services their type and their costs-which enable the executive and
decision-maker to do searches in-house rapidly and efficiently. In this regard
both commercial and noncommercial search services are discussed and their
advantages and disadvantages as well as costs are detailed.
Finally a very useful bibliography of information sources is provided to the
reader.
Chapter
3
on labeling and placarding presents a very practical view of the

issues, information, and recommendations which the person responsible for
the actual production of product labels will find indispensable. In this chapter
the author discusses the problems of production
of
labels and placards under
various regulatory schemes. He also relates production problems to the na-
tional regulations and laws.
He then proceeds to a discussion of label technology, covering various types
of labels, their advantages and disadvantages, as well
as
the problems associa-
ted with their use in different contexts, including transportation. He provides
the reader with relevant excerpts from the laws and regulations governing the
production and use of such labels. In addition, there is also a discussion of the
history and use of placards which are functionally related but different from
the label itself and have different production problems associated with them.
The author then discusses technical aspects of label production, covering in
turn choice of labeling materials, different face and stocks, and the character-
istics, advantages and disadvantages of the alternative materials available to
the labeler. He provides a useful set of guidelines and recommendations with
respect to the use of adhesives with certain types of labels and stocks. The
chapter then discusses methods for printing labels, and provides a useful sum-
mary chart to the labeler, detailing the advantages and disadvantages of dif-
ferent methods of production for different types of labeling. The chapter then
gives the labeler a series of guidelines
for
production of the label, and provides
a bibliography of sources for further information on the functional labeling
process.
1

Labels, Perception and Psychometrics
Sidney
I.
Lirtzman
Graduate School and University Center
and
Baruch College
City University
of
New
York
New
York,
NY
This chapter deals with the practical issues involved in the labeling of chem-
ical products. Specifically. this chapter will cover
(1)
the functions of labeling,
(2)
the underlying perceptual issues associated with labeling,
(3)
the percep-
tual impact of labeling,
(4)
existing research information concerning hazard
labeling,
(5)
procedures for evaluating labeling, and
(61,
suggestions

to
guide
the development of labeling.
FUNCTIONS OF LABELING
Background
What is known about the factors contributing
to
the development and im-
pact of labels for chemical products is largly a result of experience gathered
over the past hundred years in the advertising and marketing of consumer
products.
As
bulk shipment and packaging of products shifted toward unit
packaging in response
to
a
rise in general income, increased demand for utility
and convenience by consumers as well as improved storage and transportation
ability, the realization grew that packaging and labeling were important fac-
tors in attracting customers, informing them
of
product lines, and developing
and maintaining product loyalty. The package and label gradually shifted
away from almost purely functional roles
to
more sophisticated vehicles de-
signed to communicate a variety of themes
to
potential and actual consumers.
5

6
Handbook
of
Chemical Industry Labeling
A review of such sources as Dreyfus
(1972),
Kamekura
(1965)
and Humbert
(1972)
is instructive in seeing the radical changes in labeling over time.
Indeed, it has become very clear to all involved in labeling activity that
through the package, the label(s) and related inserts, associated flyers and in-
formation, and the context
of
response, the consumer and the manufacturer
have formed a communication system. The function of this system is to deliver
a message or messages
to
the consumer-communication of brand name and
product class, product function and instructions for use, and evocation or per-
ception of product qualities felt likely
to
enhance trial purchase andlor repeat
purchase.
Millions of dollars have been spent on the development and testing of labels
and packages in the consumer and related industrial products area. Despite
this, almost no published research or guides exist for use by people who are
responsible for developing labeling in the chemical industry, particularly for
chemical products falling under the general rubric of hazardous products.

These include products whose manufacture and distribution are governed by
statutes such
as
the Federal Hazardous Substances Act (FHSA), the Federal
Insectiside, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances
Control Act (TSCA).
Much of the material covered in this chapter reflects information gathered
and research conducted by the author during the course
of
his work in adver-
tising, marketing research, and label and package design and evaluation. The
remainder
of
the material is based on published materials and related research
in psychology, behavioral science, economics, sociology, perception, and
communications.
Definition
While there a commonly accepted definition of the term label, the concept
itself is surrounded by
a'
considerable degree
of
ambiguity. In the chemical in-
dustry the term label or labeling incorporates the printed device(s) affixed di-
rectly or indirectly to a container surface, inserts found within the container,
associated Material Safety Data Sheets, product descriptions, overpacks and
wrappers, workshop signs and placards, most forms
of
advertising and the like.
From this perspective, labeling of chemicals is a system involving a variety of

elements.
However, for the purposes of this chapter, we will define a label as any ele-
ment, affixed to or associated with a functional container or package, whose
purpose is to communicate in language or other symbols, in color or form, spe-
cific information and emotional/perceptual stimuli designed
to
affect the per-
ceptions and behavior of human beings who are prospective users of the
products.
Although other factors such
as
the material safety data sheets (MSDS) are
important parts of labeling we will not deal with them in this chapter. I will
refer to them where appropriate in the context of discussion or research.
Purpose
of
Labeling
Probably no aspect of a package
is
as frequently taken for granted
as
is the
label. We all expect
to
see a label
on
a product but when called upon
to
describe
Labels, Perception and Psychometrics

7
the label we are often at a loss
to
do
so
with great detail. Yet, labels are func-
tional; they are designed to change behavior of the people who are exposed to
them.
In general,
a
label has at least eight common uses:
1.
Identifying the name of the product and manufacturer.
Most products are generally identified by a brand name
or some common name. We call for a product by its name,
and check the label to make sure we have the correct
product.
2.
Marketing and promotional information.
The label can be
used to promote the product by providing information
stressing the
quality
and performance of the product (e.g.,
warranties, grades, seals of approval, image and status el-
ements, advertising copy and the like).
3.
Identification of the function of the product.
The label tells
a potential user what the product

is
supposed to do (“relief
of sore muscle’s ache,” “contact adhesive,” “oxidizer,”
etc.).
4.
Providing directions for use of the product.
The label in-
forms the potential user of the correct or advised way of
using the product. (“Take two teaspoonfuls every six
hours;” “Apply adhesive to one surface of articles to be
bonded).
5.
Education of the user.
The label provides information
to
the user which may be
of
potential value by listing compo-
nents, nutritional values, identifying data such as pres-
ence
of
color additives, doses, weights and measures, etc.
6.
Providing hazard warnings.
The label gives warning of
potential dangers related
to
use or misuse of the product
and specifies the proper actions
of

the individual
to
avoid
the danger.
7.
Provide remedial information.
The label will inform the
user of actions
to
be taken or avoided if the warned
against danger actually occurs (e.g.,
first
aid information,
notice to contact a physician, notice to avoid inducing
vomiting, etc.).
8. Idiosyncratic information.
The label provides information
of potential importance to specific classes of prospective
users with certain personal conditions, e.g., the presence
of allergens, contra-indicated use for medical reasons, etc.
A review of the eight functions of labeling shows that the implicit if not ex-
plicit major assumptions of the labeling processes is that the label will cause
changes to occur in the person who comes into contact with the product. These
changes can be construed
to
be either psychological influences (changes in atti-
8
Handbook
of
Chemical Industry Labeling

tude, belief, emotion, comprehension, memory, risk evaluation mechanisms,
etc.) or altered overt behavior (changes in actual handling of product, proce-
dure of work, disposal of container or waste, reference to raw materials, ques-
tioning activity, etc.). Marketers, advertisers and regulators all share the
unspoken assumption that the product
label itself,
irrespective of any other re-
lated elements of the product communication system
is capable
of
and does
cause changes in the overt and/or potential behavior of the person coming into
contact with the label as consumer or worker.
Two
major corollaries
to
this im-
plicit assumption are
(1)
that every element of the label is equally
capable
of
causing and likely
to
cause
a desired effect,
(2)
that every potential reader
values
the label, and therefore will read the label and all its elements. If these

effects of labeling were not presumed, then there would be little concern on the
part of manufacturers, government, consumers,
or
labor about what appears
on labels.
In trying
to
assess the validity of these labeling assumptions it should be
kept in mind that there is almost no empiric evidence publicly available which
supports them. For the most part such proof
as
exists is proprietary and results
from market, consumer and advertising research studies conducted by and for
manufacturers, usually of consumer products, a portion of which involves
packaging or labeling effectiveness or design issues. The remaining data are
drawn from research in psychology and communications, or from
a
few rela-
tively specific researchers into the effect of multifaceted programs designed to
inform or warn consumers about ingredients or hazards associated with prod-
ucts or product use. In this regard, the editors have found no published
re-
search which clearly isolates the effect of
a
given label on
a
specific chemical
product from the effects of other factors including inserts, training, general
media information, advertising and promotion or consumerist activities.
Furthermore, almost nothing

is
known about what the consumerlr ader,'
worker really
does
when exposed
to
a
chemical product label, nor what this
person may want
to
have appear in such labels.
Views About Labeling
Since labeling was presumed to influence the behavior and psychological at-
tributes of prospective readers, how
to
use and design product labels became
important
to
the manufacturer. Labeling began
to
be
evaluated as an impor-
tant element in the execution of public policy with
respect
to
consumer and
worker protection (Food and Drug Administration [FDA], Federal Trade Com-
mission [ETC], etc.), especially with respect
to
toxic and hazardous chemicals

and substances (FIFRA, TSCA, FHSA). The
regulated
use
of
labels has prolif-
erated
to
the point that chemical labeling
is
now an' enterprise requiring pro-
fessional attention.
In
deciding how and why
to
label, different interest areas
bring different concerns
to
the process.
Government:
Government approaches labeling from
the
perspective of
public policy, asserting
a
police powers mandate
to
protect
the citizen in his or
her role
as

consumer or worker from non-negligible risks associated with the
potential
use
or misuse of a product in commerce. The government perspective
requires
a
decision
to
ban or label
a
product, and
if
labeling is the vehicle cho-
sen, then government's perspective
is
directed toward
label
rule making which
ostensibly will result in reduced risk
to
the citizen.