| Volume 9, Number 4, September 27, 1996 |

After nearly 11 years of debate, Congress has passed and the President has signed legislation that repeals the Delaney Clause, a 1958 food safety provision that set a zero-risk cancer standard for pesticide residues on processed foods, and replaced it with a unified safety standard for raw and processed foods.
The Food Quality Protection Act (HR 1627) moved quickly through the House and Senate after a compromise was reached on the bill in mid July. The House passed the bill July 23 by a vote of 417 to 0. The Senate approved it by unanimous voice vote on July 24. President Clinton signed it on August 3.
The Delaney Clause, found in Section 409 of the Federal Food Drug and Cosmetic Act (FFDCA), prohibits the government from issuing tolerances (maximum residue limits) for processed foods if the pesticides in question are linked to cancer, regardless of the level of risk. FFDCA Section 408, which governs raw-food tolerances, has no such zero-risk cancer standard.
The new food safety standard is based on a reasonable certainty that no harm will result from aggregate exposure to the pesticide residue. Other food safety changes included in the Act include a requirement that EPA provide extra margins of safety for infants and children when approving pesticides, right-to-know provisions for consumers, screening chemicals for estrogenic effects, consideration of the benefits of pesticide use, and the addition of monetary penalties as a new enforcement tool.
The Act also provides for the uniformity of pesticide tolerance regulations in the states unless a state has successfully petitioned EPA for a different tolerance or the state can demonstrate that the residue poses an unreasonable dietary risk to the State's residents. Procedures are defined for EPA to determine, issue and cancel pesticide residue tolerances and exemptions from tolerances. Besides the changes in the FFDCA, the Food Quality Protection Act made several changes to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). These changes include:
Assistance in the registration of pesticides for minor crops is provided by:
FDA is given the ability to use limited civil monetary penalties for
enforcement purposes. This is an exclusive remedy. That is, if FDA levies
this penalty, no seizure, injunction, or criminal penalties could be used.
The penalty is limited to $50,000 per person, $250,000 per entity, and
$500,000 total for any single proceeding of adulterated foods introduced in
commerce. Penalties cannot be applied to growers, and all of the existing
small business protections apply. Chemically Speaking, University of Florida
August 1996
EPA has reached an agreement with DuPont Agricultural Products to reduce risks to agricultural workers from methomyl (trade name Lannate), an insecticide used on a wide variety of crops.
We believe the steps taken by DuPont demonstrate good product stewardship and will result in significantly reduced risk to workers' health from methomyl use, said EPA Assistant Administrator Lynn Goldman. Many of the measures proposed by EPA to mitigate acute risks to agricultural workers have already been adopted by DuPont, and EPA expects all agreed upon measures to be in place for the 1997 growing season.
The steps taken by DuPont include: reduced maximum use rates and number of applications; more restrictive precautions for inhalation and eye, skin and oral exposure and longer intervals before workers can enter fields where pesticides have been applied. Some uses were deleted in view of a disproportionate number of worker poisonings. EPA worked with DuPont and fly bait manufacturers to reduce exposure from methomyl fly baits.
Concerns about methomyl risks to workers were raised based on reports of poisonings in California and other areas of the country. Methomyl was registered by EPA in 1968 and is now undergoing review as part of the Agency's reregistration program for older pesticides. A final decision on the continued registration eligibility is expected by the end of 1997. Methomyl is an acutely toxic pesticide in the carbamate family, and exposure to high levels can affect the central nervous system by inhibiting an enzyme called acetyl cholinesterase. Symptoms of poisonings include dizziness, nausea, vomiting, blurred vision and tremors. The interim measures announced today are subject to change before or at the time of reregistration if warranted by new information on the risks of methomyl use.
This agreement does not supersede or replace the requirements of the
Agency's Worker Protection Standard, which represents core protection for all
agricultural workers who may be exposed to pesticides. U. S. Environmental
Protection Agency, August 16, 1996
EPA has terminated its Special Review of the pesticide cyanazine, as
proposed in March 1996, based on voluntary actions by the manufacturers to
first reduce cyanazine usage and then cancel all cyanazine registrations,
effective December 31, 1999. These actions, agreed to by the Agency in 1995,
will result in the complete phase-out of one of the five most widely used
pesticides in the United States. EPA believes the voluntary phase-out is a
sound way to reduce unreasonable risk to human health and the environment
because it will gradually eliminate cyanazine from the market while allowing
time for growers to find alternatives. EPA placed cyanazine (along with
atrazine and simazine) in Special Review in November 1994, after determining
long-term exposure to this pesticide may pose a significant risk to public
health. The Special Review of atrazine and simazine will continue. An
estimated 23-36 million pounds of cyanazine are used annually in the United
States, primarily in corn fields to control broadleaf weeds and grasses.
DuPont Agricultural Products of Wilmington, Delaware, and Griffin Corporation
of Valdosta, Georgia, are the manufacturers of cyanazine. For more
information, call Joseph Bailey at 703-308-8173. U. S. Environmental
Protection Agency July 19, 1996
Mosquitoes produced in the floodwaters from Hurricanes Bertha and Fran have inundated eastern North Carolina. Predominant species are Ps. ferox, Ps. columbiae, Ps. ciliata, Ps. howardii, Ae. atlanticus/tormentor, and, most recently, Ae. taeinorhynchus and sollicitans from the salt marshes. These species lay dormant eggs in depressions in woodland or saltmarsh habitats. When flooded by rainfall, eggs hatch synchronously eventually producing a large number of adults over a short time period. Landing counts of mosquitoes are averaging 50 to 60 per minute in many areas of the coastal plain, with some counts over 100 per minute being reported. Most local mosquito control programs are overwhelmed. Several of the counties experiencing severe problems have no organized mosquito control.
FEMA authorized a 75 to 25 percent federal-local match for emergency spraying for pest mosquito control, based on the recommendation of Dr. Roger Nasci, a CDC vector biologist. Emergency spraying for eastern equine encephalitis (EEE) control was not authorized pending more virus surveillance. Currently, Dr. Nasci and his assistant, Lt. Mark Novak and two assistants from the Navy program in Jacksonville, Florida, entomologists of the Public Health Pest Management Branch of the North Carolina Department of Environment, Health and National Resources, and entomologists from North Carolina State University are collecting mosquitoes for virus testing, and reconstructing existing sentinel chicken flocks which were destroyed by Fran. There have been no indications that mosquitoes are infected with EEE virus at this time.
The Public Health Pest Management Section has decided not to use the Air Force Reserve planes at this time, but rather to use private aerial applicators. If EEE is deemed to be a significant risk later, the decision not to use the Air Force Reserve planes will be reconsidered. There appears to be a significant shortage of available private applicators for this work, and any applicators who are interested should contact Dr. Nolan Newton (Head of the Public Health Pest Management Section) as soon as possible. Dr. Newton's phone number is 919-733-6407. Aerial applicators must meet all applicable federal, state, and label requirements before being considered. It would appear that about four million dollars is available, if needed, for spraying. Applicators interested in this work can call the North Carolina Department of Agriculture's Pesticide Program at 919-733-3556 for licensing information.
All contracting will be done by local mosquito control programs, counties, and cities directly. A list of eligible units of government is available from me. The state will provide technical advice and will handle the distribution of financial aid. The state will not contract directly with applicators. For more information on financial assistance for local mosquito control programs contact Dr. Nolan Newton.
Control of the heavy mosquito populations in the coastal plains exceeds the capabilities of most home owners. Community-wide ultra low volume insecticide sprays are needed to kill mosquito adults. Malathion and resmethrin are the two most commonly used insecticides for ground and aerial ULV mosquito control. Both insecticides are effective and pose minimal public health risks. Both chemicals are applied at about 3 fluid ounces per acre. At such small application rates, the risk of environmental contamination or vertebrate non-target effects (such fish kills) are virtually nil. For resmethrin, the oral LD50 for rats is >2500 mg/kg, and for malathion, the LD50 is 5500 mg/kg. Area-wide applications of both chemicals can be expected to kill honey bees. However, since most ULV insecticide applications for mosquito control are made within or over communities, kill of commercial or hobby honey bee colonies should be minimized.
Some personal protection from mosquitoes can be achieved through the use
of commercially available insect repellents. People should be advised to
choose the desired formulation (aerosol spray, lotion, etc.) with a DEET
concentration of 6 to 25 percent. Repellents should not be repeatedly
applied over a short period of time to small children, and pregnant women
should not use insect repellent. Charles S. Apperson, Extension
Entomologist, North Carolina State University September 26, 1996
When a pesticide handler becomes ill from working with organophosphate (OP) or carbamate insecticides in a possible heat stress situation, it can be hard to tell whether the handler is suffering from heat exhaustion or pesticide poisoning. They have similar symptoms, but the treatments are different. Table 1 compares these symptoms.
Table 1. Comparison of heat exhaustion and organophosphate/carbamate poisoning symptoms.
| Heat Exhaustion | OP/Carbamates |
|---|---|
| Sweating | Sweating |
| Fatigue | Fatigue |
| Headache | Headache |
| Confusion | Confusion |
| Loss of muscle coordination | Loss of muscle coordination |
| Nausea | Nausea/diarrhea |
| Dilated pupils | Possible small pupils |
| Dry membranes | Moist membranes |
| Dry Mouth | Salivation |
| No Tears | Tears |
| No saliva present | Saliva present |
| Fast pulse (slow if person has fainted) | Slow pulse |
| Fainting (recovery is prompt) | Coma (can't
be awakened) |
Combined problems of heat illness and pesticide poisoning may also
occur. If there is any doubt about the illness, get medical help immediately.
Both pesticide poisoning and heat stroke can be life-threatening and require
prompt treatment. Heat illness is preventable. For very detailed
information, as well as very specific recommendations to minimize heat
stress, request EPA's A Guide to Heat Stress in Agriculture. ACCES
Pesticides, University of Arizona August 1996
EPA has approved the full commercial use of a new plant-pesticide to combat
insect damage in field corn. The plant-pesticide is Bacillus thuringiensis
(Bt) CryIA(b) delta-endotoxin and the genetic material necessary for its
production in corn. The primary pest to be controlled is the European corn
borer. This action allows full commercial use of Northrup King's Bt corn,
subject to certain use restrictions in cotton states and cotton-growing
areas. The restrictions are designed to reduce a possible developed
resistance to Bt by the corn earworm. Corn earworm resistance could reduce
the effectiveness of Bt cotton and Bt foliar sprays on vegetables and other
crops. EPA's registration is based on a thorough examination of scientific
data to ensure human health and the environment are protected. The
registration is limited to commercial field corn which is primarily used in
animal feed. Northrup King, Golden Valley, Minnesota, is the registrant and
developer of the corn-plant pesticide. The plant-pesticide is a truncated
version of the naturally occurring Bt endotoxin. Very small quantities of
the insecticidal protein are produced by the corn plant. The insecticidal
protein is nontoxic to mammals, birds and most other insects. The use of
this product is expected to reduce the use of more toxic pesticides used to
control insects on corn plants. Last year, EPA approved the first commercial
use of Bacillus thuringiensis plant pesticides. The following crop plants
were approved in 1995 and are in use: Bt corn (two companies, Ciba Seeds and
Mycogen Plant Sciences); Bt potatoes (Monsanto Co.) and Bt cotton (Monsanto
Com-pany). The plant-pesticide developed by Northrup King differs from
previously-approved Bt corn products in its genetic composition and in the
levels of the pesticide that are expressed in different parts of the corn
plant. U. S. Environmental Protection Agency, August 16, 1996
Although the U. S. food supply is one of the safest in the world, public concern still exists about the effects of agricultural pesticides on human health and environmental quality. Chemical residues on domestic and imported food have been of particular interest. Recognizing the need to improve the quality and quantity of information available on chemical residues, the U. S. Department of Agriculture (USDA) proposed the Pesticide Data Program (PDP) as part of its fiscal year 1991 budget. Congress approved funding in January 1991, and program operations began in May. PDP provides data on pesticide use and residue detections, which help form the basis for conducting realistic dietary risk assessments and evaluating pesticide tolerances. The Environmental Protection Agency (EPA) uses PDP data to address the reregistration of pesticides and to perform dietary risk assessment studies. Other Government agencies use the data to respond more quickly and effectively to food safety issues.
Coordination of PDP is multi-departmental with planning, policy, and procedural efforts conducted by USDA, EPA, and the Food and Drug Administration (FDA). The four USDA agencies involved in PDP activities are the Agricultural Marketing Service, the Agricultural Research Service, the Economic Research Service, and the National Agricultural Statistics Service. The Agricultural Marketing Service was selected as the lead agency to coordinate, implement, and manage the various facets of the program.
Cooperative agreements have been developed with 10 States -- California, Colorado, Florida, Michigan, New York, North Carolina, Ohio, Texas, Washington, and Wisconsin -- to collect and analyze food commodities for pesticide residues. These States were selected because of their substantial agricultural production, regional diversity, interest in pesticide residue data, and technical expertise in pesticide-related issues. Together, the 10 States, plus neighboring States in their distribution network, represent more than 50 percent of the Nation's population; and, combined with PDP's statistically reliable sampling protocol, provide the basis for making national estimates from the residue data. In addition to the cooperative agreements, the Agricultural Marketing Service signed a Memorandum of Understanding with USDA's Grain Inspection, Packers and Stockyards Administration to analyze wheat grain.
PDP samples are collected as close to the point of consumption as possible. Sample information gathered includes the post-harvest application of fungicides and growth regulators, and takes into account pesticide degradation that occurs during transit and storage. This provides a better representation of actual exposure to residues. Products currently collected are: 1) seven fresh fruit and vegetable commodities (apples, carrots, grapes, oranges, peaches, sweet potatoes, and spinach); 2) two canned and frozen vegetable commodities (green beans and sweet peas); 3) one grain commodity (wheat); and 4) one dairy commodity (whole milk). Program expansion to include wheat and milk required the development of revised sampling systems and pesticide testing profiles for each. In addition, at least 2 years of data have been gathered for seven other fresh commodities (bananas, broccoli, celery, grapefruit, green beans, lettuce, and potatoes) and one processed commodity (canned and frozen sweet corn).
The number of pesticides routinely monitored by PDP has increased substantially -- from 11 at the program's inception in 1991 to the current, combined total of approximately 75 for fruits and vegetables, wheat, and milk. These pesticides include insecticides, fungicides, herbicides, and growth regulators. Other pesticides and industrial contaminants have been occasionally reported by PDP testing facilities.
Summary of Data for Calendar Year 1994
A total of 7,589 samples were analyzed in 1994. Pesticides detected
included insecticides, herbicides, fungicides, and growth regulators. Also
detected were DDT and its metabolites, although their presence is almost
certainly due to environmental contamination, not the result of prohibited
crop application. Approximately 83 percent of samples tested were domestic,
and 16.6 percent were imported (0.4 percent were of unknown origin). Of all
samples tested, 1.3 percent were reported as presumptive tolerance
violations, although most of these were for residues where no tolerance was
established. The 1994 data also showed that, for certain commodities,
post-harvest applications contribute significantly to the number of residues
detected. Overall, levels of residues detected were substantially below
tolerances. Pesticide Data Program Progress Report, Agricultural Marketing Service, United States Department of Agriculture June 1996
The following national estimates are based on injuries treated in hospital emergency rooms participating in the National Electronic Injury Surveillance System. Patients said their injuries were related to the products; this does not necessarily mean the injuries were caused by the products.
| Product | Estimated injuries | Product | Estimated injuries |
| Stairs, steps | 1,055,355 | Bunk beds | 48,311 |
| Bicycles, accessories | 604,066 | Trampolines | 46,215 |
| Knives | 460,625 | Crutches, canes, walkers | 45,445 |
| Tables | 340,184 | Razors, shavers | 43,691 |
| Chairs | 307,066 | Hot water | 43,250 |
| Nails, screws, tacks | 233,627 | Chain saws | 40,149 |
| Bathtubs, showers | 151,852 | Shopping carts | 37,304 |
| Ladders | 141,616 | Television | 36,457 |
| Drinking glasses | 127,232 | Contact lenses | 33,162 |
| Fences, fence posts | 126,980 | Pens, pencils | 30,683 |
| Carpets, rugs | 116,201 | Scissors | 28,998 |
| Drugs, medications | 115,814 | Paper money, coins | 28,592 |
| Metal containers | 105,879 | Skateboards | 27,718 |
| Bottles, jars | 100,536 | Refrigerators | 27,337 |
| Footwear | 94,228 | Baby walkers, jumpers | 25,457 |
| Lawn mowers | 71,598 | Gasoline | 20,092 |
| Sinks, toilets | 63,192 | Pins, needles | 19,486 |
| Wheelchairs | 61,133 | Telephones, accessories | 18,899 |
| Sleds | 55,260 | Irons | 16,447 |
| Hammers | 55,882 | Pesticides | 16,281 |
| Jewelry | 51,017 |
Consumer Product Safety Commission, National Electronic Surveillance System,
NEISS Product Summary Report (1994) In Agrichemical and Environmental News, Washington State University July 1996
The six food additive tolerances are for acephate in food handling establishments, imazalil in citrus oil, iprodione in dried ginseng and raisins, and triadimefon in barley and wheat milled fractions. Four of these food additive tolerances are being revoked because they violate the Delaney clause and the other two (imazalil in citrus oil and triadimefon in barley milled fractions) because they are not needed to prevent adulterated food. The three raw food tolerances are for triadimefon on barley grain, forage and straw. The use of triadimefon on barley was canceled in 1993 and the sale of existing stocks was allowed until May 1995; therefore, the U. S. Environmental Protection Agency feels the tolerances on barley are no longer needed.
In consideration of the Food Quality Protection Act which was enacted on August 3, 1996, these actions are being reconsidered and the date for filing comments is being extended to September 27, 1996. Comments should be identified with the docket number OPP-300360B and sent to the Hearing Clerk at EPA. The effective date for this rule is October 28, 1996.
For information contact Ms. Jean M. Frane, EPA, Policy & Special Projects, Telephone: 703-305-5944, Fax: 703-305-6244, Email: frane.jean@epamail.epa. gov. Send comments to Hearing Clerk (1900), EPA, Room M3708, 401 M Street, SW, Washington, DC 20460, E-mail: opp-docket@epamail.epa.gov. Reregistration Notification Network, U. S. Department of Agriculture 6(8), September 16, 1996
Web page last updated on September 27, 1996 by Stephen J. Toth, Jr.
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