Table Of ContentFOOD QUALITY PROTEC-
TION ACT OF 993
1
Y 4, AG 8/1 103-29
:
Food Quality Protection Act of 1993...
iING
BEFORE THE
SUBCOMMITTEE ON DEPARTMENT OPERATIONS
AND NUTRITION
OF THE
COMMITTEE ON AGRICULTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
H.R. 1627
AUGUST 2, 1993
Serial No. 103^9
MAR
1 1 j334
Printed for the use of the Committee on Agriculture
U.S. GOVERNMENT PRINTING OFFICE
74-813 WASHINGTON 1994
:
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-043473-4
FOOD QUALITY PROTEC-
TION ACT OF 993
1
\M
Y 4. AG 8/1 103-29
:
Food Quality Protection Act of 1993..
iING
BEFORE THE
SUBCOMMITTEE ON DEPARTMENT OPERATIONS
AND NUTRITION
OF THE
COMMITTEE ON AGRICULTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
H.R. 1627
AUGUST 2, 1993
Serial No. 103-29
^CD/}o>r/)0v
MAR
1 1 1334
Printed for the use of the Committee on Agriculture
U.S. GOVERNMENT PRINTING OFFICE
74-813 WASHINGTON 1994
:
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-043473-4
COMMITTEE ON AGRICULTURE
E (KIKA) de LA GARZA, Texas, Chairman
GEORGE, E. BROWN, Jr., California, PAT ROBERTS, Kansas,
Vice Chairman Ranking Minority Member
CHARLIE ROSE, North Carolina BILL EMERSON, Missouri
GLENN ENGLISH, Oklahoma STEVE GUNDERSON, Wisconsin
DAN GLICKMAN, Kansas TOM LEWIS, Florida
CHARLES W. STENHOLM, Texas ROBERT F. (BOB) SMITH, Oregon
HAROLD L. VOLKMER, Missouri LARRY COMBEST, Texas
TIMOTHY J. PENNY, Minnesota WAYNE ALLARD, Colorado
TIM JOHNSON, South Dakota BILL BARRETT, Nebraska
BILL SARPALIUS, Texas JIM NUSSLE, Iowa
JILL L. LONG, Indiana JOHN A. BOEHNER, Ohio
GARY A. CONDIT, California THOMAS W. EWING, Illinois
COLLIN C. PETERSON, Minnesota JOHN T. DOOLITTLE, California
CALVIN M. DOOLEY, California JACK KINGSTON, Georgia
EVA M. CLAYTON, North Carolina BOB GOODLATTE, Virginia
DAVID MINGE, Minnesota JAY DICKEY, Arkansas
EARL F. HILLIARD, Alabama RICHARD W. POMBO, California
JAY INSLEE, Washington CHARLES T. CANADY, Florida
TEAHROLMAPSOMJ.ERBOAYR,LNOoWrtIhII,DaKkeonttaucky NTIECRKRYSMEIVTEHR,ETMTic,hiAglaanbama
TIM HOLDEN, Pennsylvania
CYNTHIA A. McKINNEY, Georgia
SCOTTY BAESLER, Kentucky
KAREN L. THURMAN, Florida
SANFORD D. BISHOP, Jr., Georgia
BENNIE G. THOMPSON, Mississippi
SAM FARR, California
PAT WILLIAMS, Montana
BLANCHE M. LAMBERT, Arkansas
Professional Staff
Dianne Powell, StaffDirector
Vernie Hubert, ChiefCounsel and Legislative Director
Gary R. Mitchell, Minority StaffDirector
James A. Davis, Press Secretary
Subcommittee on Department Operations and Nutrition
CHARLES W. STENHOLM, Texas, Chairman
GEORGE E. BROWN, Jr., California, ROBERT F. (BOB) SMITH, Oregon
Vice Chairman BILL EMERSON, Missouri
BILL SARPALIUS, Texas STEVE GUNDERSON, Wisconsin
CALVIN M. DOOLEY, California WAYNE ALLARD, Colorado
JAY INSLEE, Washington BILL BARRETT, Nebraska
GLENN ENGLISH, Oklahoma JOHN A. BOEHNER, Ohio
DAN GLICKMAN, Kansas THOMAS W. EWING, IUinois
CYNTHIA A. McKINNEY, Georgia JACK KINGSTON, Georgia
SANFORD D. BISHOP, Jr., Georgia CHARLES T. CANADY, Florida
HAROLD L. VOLKMER, Missouri
EVAM. CLAYTON, North Carolina
TIM HOLDEN, Pennsylvania
CHARLIE ROSE, North Carolina
SAM FARR, California
TIM JOHNSON, South Dakota
EARL POMEROY, North Dakota
BLANCHE M. LAMBERT, Arkansas
(ID
CONTENTS
Page
H.R. 1627, abill toamend the Federal Insecticide, Fungicide, and Rodenticide
Actandthe Federal Food, Drug, and CosmeticAct, andforotherpurposes .. 295
Barrett, Hon. Bill, a Representative in Congress from the State ofNebraska,
prepared statement 14
Canady, Hon. Charles T., a Representative in Congress from the State of
Florida,openingstatement 5
Prepared statement 6
Clayton, Hon. Eva M., a Representative in Congress from the State ofNorth
Carolina, prepared statement 17
Roberts, Hon. Pat, a Representative in Congress from the State of Kansas,
openingstatement 8
statement 10
Prepared
Smith, Hon. Robert F. (Bob), a Representative in Congress from the State
ofOregon, openingstatement 2
Prepared statement 3
Stenholm, Hon. Charles W., a Representative in Congress from the State
ofTexas, openingstatement 1
Witnesses
Bell, Harry S., vice president, American Farm Bureau Federation, and presi-
dent, South CarolinaFarm Bureau 31
Prepared statement 123
Bliley, Hon. Thomas J., Jr., a Representative in Congress from the State
ofVirginia 21
Diederich, Thomas C, vice president, government relations, Orkin Pest Con-
trol and Lawn Care, and chairman, government affairs committee, National
PestControlAssociation, statement 250
Doyle, Rebecca, director, Illinois Department of Agriculture, on behalf of
the National Association ofState Departments ofAgriculture and the Asso-
ciation ofAmericanPesticide Control Officials 26
Prepared statement 86
Duggan, Juanita, senior vice president, government affairs, National Food
ProcessorsAssociation 29
Prepared statement 109
Engel, Ralph, president, Chemical Specialties ManufacturersAssociation 72
Prepared statement 231
Feldman, Jay, executive director, National Coalition Against the Misuse of
Pesticides 41
Prepared statement 141
Gardner, Sherwin, senior vice president, science and technology, Grocery
ManufacturersofAmerica, Inc 28
Prepared statement 105
Gullickson, William D., Jr., chairman, Chemical Producers and Distributors
Association, statement 213
Hinkle, Maureen Kuwano, director, agricultural policy, National Audubon
Society 39
Preparedstatement 129
LetterofAugust 11, 1993 64
Johnston, Jerry, general manager, Johnston Fertilizer, Robstown, TX, on
behalfoftheAgricultural RetailersAssociation 73
Prepared statement 237
Lehman, Hon. Richard H., a Representative in Congress from the State
ofCalifornia 19
Prepared statement 76
(III)
IV
Page
Olson, ErikD., seniorattorney, Natural Resources Defense Council 45
Prepared statement 175
Pflug, Gerald D., president, Soap and DetergentAssociation 71
Prepared statement 228
Rowland, Hon. J. Roy, a Representative in Congress from the State ofGeor-
24
gia
Prepared statement 82
Stickle, Warren E., president, Chemical Producers and Distributors Associa-
tion 69
Vroom, JayJ., president, NationalAgricultural ChemicalsAssociation 67
Prepared statement 201
Wiles, Richard, director, agricultural pollution prevention project, Environ-
mentalWorkingGroup 43
Prepared statement 169
Submitted Material
Aguirre, John, director, Federal Government affairs, National Food Processors
Association, statement 257
Chemical ManufacturersAssociation, statement 272
Ivess, Richard, chief plants officer, New Zealand Ministry of Agriculture
and Fisheries, and the New Zealand Kiwifruit Marketing Board,
statement 281
Johnson, Karl, president, National Pork Producers Council, statement 284
Perry, Rick, commissioner, TexasDepartmentofAgriculture, statement 288
Professional Lawn CareAssociationofAmerica, statement 291
FOOD QUALITY PROTECTION ACT OF 1993
MONDAY, AUGUST 1993
2,
House of Representatives,
Subcommittee on Department
Operations and Nutrition,
Committee on Agriculture,
Washington, DC.
The subcommittee met, pursuant to call, at 1:05 p.m., in room
1302, Longworth House Office Building, Hon. Charles W. Stenholm
(chairman ofthe subcommittee) presiding.
Present: Representatives Sarpalius, Dooley, Inslee, Bishop, Volk-
mer, Holden, Smith of Oregon, Gunderson, Allard, Barrett, and
Canady.
Also present: Representative Pat Roberts, ranking minority
member ofthe committee.
Staffpresent: Joseph Muldoon, associate counsel; John E. Hogan,
minority counsel; Dale Moore, minority legislative coordinator;
Glenda L. Temple, clerk; Stan Ray, Rob Wight, James A. Davis,
Curt Mann, and Pete Thomson.
OPENING STATEMENT OF HON. CHARLES W. STENHOLM, A
REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS
Mr. Stenholm. The subcommittee will come to order.
This afternoon the Subcommittee on Department Operations and
Nutrition will hear testimony regarding H.R. 1627, the Food Qual-
ity Protection Act, in our ongoing effort to hear and to help identify
and address legitimate concerns relating to the registration and the
use ofpesticides.
This legislation, introduced by Representatives Lehman, Bliley,
and Rowland, amends the Federal Insecticide, Fungicide, and
Rodenticide Act, better known as FIFRA, and the Federal Food,
Drug, and Cosmetic Act. It currently has over 100 cosponsors,
many ofwhom are on this committee.
During this subcommittee's last pesticide hearing, I indicated my
intent to hear this legislation and then to mark up before the Au-
gust recess. After further consideration and consultation, I under-
stand that the administration is working diligently and expedi-
tiously toward a comprehensive proposal which they expect to have
up to us in September. Wanting to have the full benefit ofconsider-
ing the administration's efforts before moving forward with this
legislation, we no longer anticipate marking up a FIFRA bill before
September.
However, we fully intend for this subcommittee, working with
the full Agriculture Committee, the Energy and Commerce Sub-
CD
committee on Health and the Environment and the administration,
to draft responsible and equitable legislation in the coming months
to address the concerns represented before us today in H.R. 1627,
as well as some issues not addressed in this legislation.
Over the past few months, this subcommittee has worked to
identify areas where policy decisions can be made to decrease un-
necessary health risks to consumers and increase public confidence
in the food production sector, while maintaining the abundance and
variety offoods available.
I look forward to hearing how this legislation may or may not ad-
dress these areas of concern. With that, I look forward to all of
your testimony, and thank you for helping this subcommittee un-
derstand these very complex issues so that we can begin the work
ofmaking the necessary improvements in this legislation.
I recognize Mr. Smith.
[H.R. 1627 appears at the conclusion ofthe hearing.]
OPENING STATEMENT OF HON. ROBERT F. (BOB) SMITH, A
REPRESENTATIVE IN CONGRESS FROM THE STATE OF
OREGON
Mr. Smith of Oregon. Thank you, Mr. Chairman. Congratula-
tions for starting on time without anybody here. Thank you very
much.
Mr. Roberts. I beg your pardon. —
Mr. Smith of Oregon. I want t—o thank you for except the rank-
ing minority member, of course I probably should yield to Mr.
Roberts without saying anything.
Mr. Chairman, I am delighted that you have selected H.R. 1627
to begin our deliberations. There has been a great deal ofwork ob-
viously gone into this bill in the past and I think we have a jump
step on the issue using this as a base for amendment.
This is a very difficult issue and one which I have great con-
fidence in your leadership that we will reauthorize FIFRA, and I
look forward to working with you and listening to these issues.
Thank
you.
[The prepared statement ofMr. Smith follows:]
STATEMENT OF
ROBERT F. SMITH
BEFORE THE
DEPARTMENT OPERATIONS AND NUTRITION SUBCOMMITTEE
AUGUST 2, 1993
Mr. Chairman, I'd like to applaud your decision to hold this hearing
today. H.R. 1627, the Food Quality Protection Act, represents a responsible
and comprehensive start for addressing the current issues associated with sale
and use of chemical pest controls.
The Administration has recently asserted that the Environmental
Protection Agency, the Food and Drug Administration and the U.S. Department of
Agriculture are now working together to reduce the use of pesticides in
agriculture production.
If this means that the Administration is interested In bringing new and
efficient pesticide tools into practice, then I look forward to working with
them. However, If they intend to pull the rug out from under production
agriculture, to deny them safe, reliable and effective products, without
benefit of sound, scientific assessment, then I will have to oppose their
policy.
While the EPA Administrator has been willing to offer broad brush
discussion of this policy in numerous forums, I regret she was unable to be
here today to share the Administration's thoughts on HR 1627, an established
and well known legislative proposal.
HR 1627 enjoys over 100 cosponsors, from the House Committee on
Agriculture, from the House Committee on Energy and Commerce and among the
membership of the House. In addition, legislation enjoys widespread support
from the agriculture and food processing community, with endorsements from
over 230 organizations.
Production agriculture, from the Arkansas Blueberry Growers Association
to the Yuma Mesa Fruit Growers Association, understands the need to improve
the Federal Insecticide, Fungicide and Rodenticlde Act (FIFRA) while providing
a workable alternative to the Delaney Clause.
HR 1627 would provide the Environmental Protection Agency the regulatory
authority needed to more quickly eliminate the use of pesticides under the
cancellation process, and remove time consuming paperwork constraints that
have In the past slowed EPA efforts to prohibit the use of pesticides in
emergency situations.
The Delaney Clause, while well-intentioned 34 years ago, has become an
anachronism that must be replaced by a sound standard of negligible risk.
Based upon the recommendations of the a 1987 National Academy of Sciences
report, Regulating Pesticides in Food: The Delaney Paradox, HR 1627 would
finally replace Che Inconsistent standards that now govern pesticide residues
with a single modern standard applied uniformly to pesticide residues in all
foods
.
Though drafted prior to the completion of the National Academy of
Sciences report, Pesticides in the Diets of Infants and Children. HR 1627 has
provisions that respond to recommendations of the NAS. The legislation calls
on the Environmental Protection Agency to take into account the sensitivities
of population subgroups when defining the risk of tolerances for pesticide
residues.
This Subcommittee has conducted a number of hearings this year on many
aspects of our nation's pesticide regulation policy, and I believe we have
built an excellent record on the matter. I believe it is important for us to
review the Administration's pesticide policy, still in development, and I
anticipate we will be able to do so shortly after the August recess.
Today's witnesses represent the broad range of individuals and
organizations that have an interest In FIFRA reform generally and HR 1627
specifically. I look forward to hearing their testimony and the
Subcommittee's questions about how to improve this legislation.
