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STATE VIEWS

The Constitution makes states re­

sponsible for the health and safety

of their citizens

Congress should spell out clearly

where federal agencies and states

act

Federal agencies should help guide the states

FEDERAL VIEWS

Atomic -waste controls should be transferred to the states if states are reaây to accept such controls

But experience in stream and air pollution control shows that some states Ho not have the funds and programs needed to control waste disposal

Some states may be denied atomic installations

PHS's Price

States Bid for A-Controls Congress may move some AEC powers to states, our some stofes ore not reoviy io r control

O T A T E GOVERNMENTS are bidding again for more control over the health and safety aspects of atomic energy in­stallations. Members of the Joint Com­mittee on Atomic Energy approve and want early studies on how to transfer much of the safety responsibility to the states and to tl 3 Public Health Service, which cooperates with the states. They caution, however, that some states are not prepared for the new responsibility and warn that these states might have to do without atomic energy facilities until they set up well-financed programs to protect their citizens.

The latest moves come from Illinois and New York health officers who asked the Subcommittee on Radiation for a "clear-cut delineation of responsibility" in atomic waste control between vari­ous federal agencies and state govern­ments. Their testimony closed five days of hearings on atomic waste dis­posal problems (C&EN, Feb. 9, page 23.)

The health officials want a federal policy that recognizes the states' con­stitutional responsibilities for health protection. However, they stress the need for continued cooperation with AEC and PHS. They expect guidance,

educational programs, and technical help from these agencies.

• Wha t States Should D<K- Hollis S. Ingraham, first deputy commissioner, New York State Department o f Health, offers a program for states that plan to take action on atomic waste control. He says they should:

• Pass laws that refer spec-ifîcally to» ionizing radiation and disposal of radio­active wastes.

- Establish a control agency that cam handle problems involving c-ommerce, agriculture, labor, and conservation, as well as public health.

• Assume authority to approve sites for atomic energy installations and waste burial grounds.

• Determine natural -background ra­diation at proposed sites as a check against future daily operatioais.

• Develop a disaster plan that pro­vides for realistic and in tensive drills.

Clarence W. Klassen, chie-f sanitary-engineer, Illinois Department of Publie Health, says the health department and plant management should re-view eadh other's publicity releases for accuracy. Publicity should remind citizens that

their state agency is responsible for taking steps to ensure their safety.

Rep. Chet Holifield (D.-Calif.), sub­committee chairman, agrees with Klas­sen. Such publicity, says Holifield, means more coming from a local state agency than from the federal govern­ment. This is one reason Holifield, Rep. Carl T . Durham (D.-N. C ) , and Rep. Craig Hosmer (R.-Calif.) want AEC and PHS to meet soon on prob­lems of transferring part of AEC's re­sponsibility. However, they point out, federal agencies will have to retain some types of control where state agencies are not effective.

Holifield suggests that radioactive materials and atomic energy installa­tions can be denied to "those states which will not or cannot protect their people." As a result of testimony by-David E. Price, chief of PHS's Bureau of State Services, Holifield says many states fail to take adequate care of existing health problems such as stream and air pollution.

The committee also wants PHS t o act as a focal point around which state health officers can draft a model atomic energy law. T h e committee says that if this is not done soon, there will be serious conflicts among the many in­dividual state laws now being drafted. Add to this the prospect of a variety of city ordinances (C&EN, Oct. 27, page 3 0 ) , says Durham, and the atomic en­ergy industry may have to operate on a legalistic checkerboard.

3 4 C & E N FEB. 16, 1959

YÇHQW Colors Bciti&scS The Food and E>rug Administration

haj» issued orders banning the use of coal tar colors FD&C Yellow Nos. 1. 2, 3, and 4 for coloring food. FDA's order will take effect May 8. Tliese colors, however, may still be used in drug and cosmetic products that are used externally. Por these purposes they will he called External Drug and (-osmetic Yellow Nos. 7 , 8, 9, and 10.

I'ncler the Supreme Co«rt interpre­tation of. the law (C&EN, Dec. 29, page 1 i Κ coal tar colors must be complt-iely harmless to be used in food. Since tests show that the colors produce ad­verse effects when fed to laboratory animals, FDA banned the yellows.

Now that the yellow colors Have been banned, there are no oil soluble colors that may be certified for use in food. However, eolor makers Have found that FDA-approved water solu­ble colors converted to lakes on cal­cium or aluminum substrates can be substituted for oil soluble colors in many ca.ses. FDA proposes to amend the regulations to allow such lakes of all permitted colors to be used in food.

Meanwhile» orange packers may get relief from the ban on FD&C Red No. 3Ξ. This color cannot be used for coloring oranges after March 1. The Senate Labor and Welfare Committee has just approved a bill (S. 79) that would permit a new color, Citrus Red Mo. 2 to be used in coloring oranges. FDA would set maximum limits on the amount of color that could be used.

As reported by the committee, the bill contains an amendment that would permit FD&C Red No. 32 to be used until May 1. Purpose: to permit an orderly changeover from the old color t o the new one. FDA approves this

Time is short, but chances are Con­gress will approve the bill in time.

Patent Studies issued Last week the Senate Subcommittee

o n Patents issued two preliminary staff reports on the patent policies of govern­ment agencies. One report looks at patent policies of the Tennessee Val­l ey Authority; the other examines the Xational Science Foundation.

SuhcOiTi'i"»itt**e cHairnian Sen. ^ose^iï G. O'Mahoney (D.-Wyo.) says the reports point out the contradictory policies government agencies now fol-IOAV. TVA retains title to patents

granted as a result of its research and is­sues nonexclusive, royalty-free licenses on them. However, NSF does not take title to patents stemming from its grants or contracts but insists that the Govern­ment get a nonexclusive perpetual li­cense to use the invention.

Some 18 agencies administer govern­ment patent programs. Sen. O'Ma­honey says the subcommittee plans to issue a series of reports describing the patent policies of each of these agencies. When the series is finished, the sub­committee hopes to suggest legislative action "to bring order to this presently chaotic field of important government activity."

In a busy publication week, the sub­committee also issued study number IS in its series of studies of the patent system. This study, titled "Synthetic Rubber: a Case Study in Technologi­cal Development under Government Direction," is by Robert A. Solo of CCNY.

Sen. O'Mahoney comments, 'The picture Mr. Solo paints is not reassur­ing. The lack of really competent and effective government direction and leadership, combined with industry at­titudes which, however well-meaning, were often influenced by particular biases and self-interest, resulted in a performance that fell far short of what the public interest and national security demanded." O'Mahoney hopes that studies of this type will inspire a closer look at similar programs now in operation.

Potomoc Postscripts

F· First additive to be approved un­der the new food additives law is

.vionsanro s janronnin. i η is com­pound, an ethoxymethylquinoline, is used to prevent loss of vitamins in forage crops which are dehy­drated for use in animal and poul­try feeds. Food and Drug Admin­istration set these maximum limits·' for residues of Santoquin: 150 p.p.m. in dehydrated crops; 0.5 p.p.m. in meat and eggs; 3.0 p.p.m. in poultry liver and fat.

• Attorney General William P. Rogers wants Congress to do these things to strengthen antitrust law enforcement: give justice authority to compel production of documents during antitrust investigations; ap­prove premerger notification bills.

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