[ RadSafe ] Liability from Measuring Granite Counter Tops

[Charlie Simmons]

Dear Radsafe:

I would like to address the following:

"Our lawmakers left a gaping hole in the regulations, anyone can sell any product regardless of radiation content for use in a home."   

Assuming the author is referring to US lawmakers, my reply is "Well... not really." 

The US federal Consumer Product Safety Commission (CPSC) has limited jurisdiction over "radioactive substances" used in consumer products under the Federal Hazardous Substances Act (FHSA, 15 U.S.C. §1261,et seq.).  CPSC need only exercise its rulemaking authority to require labeling of granite counter tops or completely ban their sale in the US.

The FHSA defines "hazardous substance" as:
1) The term ''hazardous substance'' means:
(C) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the Commission determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this Act in order to protect the public health.

But:

3. The term ''hazardous substance'' shall not include any source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission. [42 U.S.C. § 2011 et seq.] FHSA Section 1261(m) further clarifies that the term ''radioactive substance'' means a substance which emits ionizing radiation.

Of the three kinds of radioactive materials defined in the Atomic Energy Act, only "source material" is relevant here:

(z) The term "source material" means 
(1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of section2091 of this title to be source material; or 
(2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time. 

Radon (and decay progeny), to the extent it emanates from a granite counter top into a home, is not "source material." Radon is a "radioactive substance" and is therefore subject to CPSC's jurisdiction over "hazardous substances" under the FHSA.  Therefore, should CPSC decide to do so, it has both jurisdiction and authority to engage in a rulemaking that requires labeling of granite counter tops.  Or, CPSC could ban granite counter tops completely.  

CPSC has been historically criticized for being underfunded and slow to respond, but received a 30% budget increase last year due largely to well-publicized instances of lead paint in imported children's toys.  Like all bureaucracies, CPSC must continue to regulate "hazards" to justify its funding. 

Please note that I have not been able to locate any instance of CPSC determining something is a "hazardous substance" based on radioactivity.  Any information on this point would be appreciated.

With regard to CPSC and radioactivity generally, it is worth noting that a CPSC publication School Chemistry Laboratory Safety Guide (October 2006) includes a list of "Substances whose hazardous nature exceeds educational utility."  Appendix C lists uranium among chemicals whose "hazardous nature is greater than their potential usefulness in many school programs." In fairness to CPSC, the list of chemicals was generated from the Manual of Safety and Health Hazards in the School Science Laboratory published by U.S. Department of Health and Human Services, National Institute for Occupational Safety and Health [1984].

Finally, notwithstanding any current or potential regulatory control over the of radioactive materials in consumer products, I suspect that it is ultimately the risk of exposure to products liability lawsuits that keeps such products off the market.

Regards,

Charlie Simmons


-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf Of al gerhart
Sent: Sunday, October 26, 2008 8:18 PM
To: radsafe at radlab.nl
Subject: [ RadSafe ] Liability from Measuring Granite Counter Tops

I hear some moaning about radon mitigators doing what they can about the issues of radiation/Radon and granite countertops, but the loudest message is the thundering silence from the Radon and radiation goverment officials on testing protocols and standards for what can be sold to consumers.
   
  So these guys charge for their time to find out if the granite is one of those few that are a problem.  Big deal.   Our lawmakers left a gaping hole in the regulations, anyone can sell any product regardless of radiation content for use in a home.   And we are supposed to get behind an effort to stop the one group that is doing something to help consumers?
   
   
_______________________________________________
You are currently subscribed to the RadSafe mailing list

Before posting a message to RadSafe be sure to have read and understood the RadSafe rules. These can be found at: http://radlab.nl/radsafe/radsaferules.html

For information on how to subscribe or unsubscribe and other settings visit: http://radlab.nl/radsafe/

No virus found in this incoming message.
Checked by AVG - http://www.avg.com 
Version: 8.0.175 / Virus Database: 270.8.3/1744 - Release Date: 10/25/2008 5:55 PM