I
107TH CONGRESS
1ST SESSION
H. R. 2721
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 HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Ms. CARSON of Indiana (for herself, Mr. BONIOR, Mrs. THURMAN, Mr.
MCDERMOTT, Mr. SANDERS, Mr. GEORGE MILLER of California, Ms.
MCKINNEY, Mr. PAYNE, and Mr. PALLONE) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
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 Representa-
tives 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 expo-
sure 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 car-
cinogen;
(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, kid-
ney, liver, and lung;
(6) to protect against health risks associated
with the use of CCA, CCA is classified as a ‘‘re-
stricted 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 Ad-
ministration;
(9) producers of pressure-treated wood are re-
quired to provide consumer information sheets to all
lumber yards and other retailers of treated wood
products;
(10) those information sheets provide instruc-
tions on how consumers should handle treated wood
products, such as instructions on the use of protec-
tive 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 ar-
senic-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 fol-
lowing:
‘‘Subtitle D—Commodity-Specific
Labeling Standards
‘‘SEC. 281. DEFINITION OF SECRETARY.
‘‘In this subtitle, the term ‘Secretary’ means the Sec-
retary 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 fol-
lowing 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 re-
lease 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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 on-
going review by the Environmental Protection Agen-
cy of the health risks associated with exposure to ar-
senic (including an estimated date of completion of
the review); and
(2) includes recommendations for interim guide-
lines, 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 Adminis-
trator, 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 guide-
lines, 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).
Æ