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H.R. 1592, THE REGULATORY FAIRNESS AND OPENNESS ACT OF 1999 -- HON. RICHARD
W. POMBO (Extensions of Remarks - May 18, 1999)
[Page: E1008] GPO's PDF
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HON. RICHARD W. POMBO
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
TUESDAY, MAY 18, 1999
- Mr. POMBO. Mr. Speaker, it is rare for both Houses of Congress to reach an
agreement--fully bipartisan legislation. The Food Quality Protection Act (FQPA) was enacted in
this manner in 1996. This bill eliminated the famous Delaney Clause for
residues in raw and processed foods--replacing it with a scientific, rational
standard of ``reasonable certainty of no harm.'' Food , agricultural and consumer
interests, as well as the pesticide industry saw the passage of FQPA as an
opportunity to assure that sound science is paramount in EPA's determinations
on the use of chemicals on crops, in homes and for public health concerns.
FQPA required the EPA to establish scientific, rational, sound and reasonable
standards.
- Mr. Speaker, sound science is what the authors intended and expected. This
is what Congress wanted--sound science as the rule's foundation. Further, the
new law provided an additional safety factor to protect infants and children,
and new ways of assessing pesticide benefits and risks. This is something
Congress fully supported and continues to support. Despite strong
congressional support, implementing the law at the regulatory level has been a
very difficult and unnecessarily complex process.
- In fact, only a few months after the law was passed, the FQPA
implementation process broke down. Members of Congress voiced their concern.
The problems were so great and concerns from America's agricultural industry
so substantial that Vice President Gore sent a memorandum to both the
Department of Agriculture and the Environmental Protection Agency on April 8, 1998.
This memorandum laid out the White House's plan for putting FQPA's
implementation on the right track.
- The White House's plan for FQPA implementation contained four basic
principles: sound science in protecting pubic health, regulatory transparency,
reasonable transition for agriculture, and consultation with the public and
other agencies. America's agricultural and urban pest control community
supported the Vice President's approach.
- Mr. Speaker, now, a year after the White House got directly involved in
FQPA's implementation process, it remains derailed. It has become clear to me
that Congress must again revisit this issue. It is my humble hope, we can
revisit FQPA the way we left it, in a bipartisan spirit of
cooperation.
- Mr. Speaker, Congress wanted a law to eliminate the scientifically
inadequate and outdated Delaney Clause. What Congress and the Nation got was
much worse. In fact, the EPA has failed to provide scientifically sound
guidance to the regulated community. The EPA's approach follows a path toward
great economic harm for agricultural producers and pest outbreaks causing
diseases concerns for urban and suburban communities it is an approach that is
without a scientific foundation.
- Farmers, the food industry,
pest control interests, and many others are understandably concerned.
Americans want and deserve a fair, workable implementation of the bipartisan
law. Americans want and deserve rules that are based on real information and
sound science. Americans want and deserve rules that follows the Vice
President's stated goals. Americans want and deserve rules that fit FQPA's
requirements.
- In order to achieve these results, I along with Mr. TOWNS, Mr.
CONDIT and Mr. BOYD have introduced ``The Regulatory Fairness
and Openness Act of 1999.'' This legislation maintains the strong safety
standards established by FQPA. This bill simply establishes a scientific-based
process for implementing the law which will be based on sound, peer reviewed
science and open for public review. Further, it ensures that agricultural
producers across the country, who are already facing tough times, will not be
adversely impacted by loss of crop protection tools because the EPA
failed to use good science in reviewing crop protection tools under the new
standards of FQPA. It will also ensure the consumers' food supply and food quality will not be affected by
incomplete and faulty data.
MY LEGISLATION ACCOMPLISHES THE FOLLOWING
- The Regulatory Fairness and Openness Act of 1999 lays out the problems
that the EPA has faced over the last few years in implementing the law. In
many cases, the EPA simply does not know what to do because the scientific
protocols for assessing certain crop protection products under the new law
have not been developed. Further, it highlights the extreme negative
consequences if the law is implemented improperly. For example,
organophosphate insecticides are used on 70 percent of the acres treated in
the United States and are used to control of vector insects that spread
diseases. If the EPA continues on their current path, many of these products
could be lost. Farmers will be left without replacement products and exposed
to major losses due to pest outbreaks. Consequently, this will lead to either
a shortage of quality produce or
increase in import from countries where their farmers do not follow our
stringent guidelines. It will also limit the ability of agencies to control
vector insects, thus causing health risks for millions of Americans.
- This legislation will require the EPA to perform a simple ``transition
analysis'' on products before releasing any information about the safety of
the product to the public or making final tolerance decisions. If the
transition analysis determines that the Administrator is using assumptions
when existing data makes the use of the assumption unnecessary or is using
worst case estimates, anecdotal, unverified, or
[Page: E1009] GPO's PDF
scientifically
implausible data, the Administrator cannot make final re-registration
decisions on those products until sufficient time has been provided to allow
the data to be developed, submitted and subsequently evaluated by the
Agency.
- The Administrator is required to issue rules to implement the FQPA
properly within one year of enactment of this bill. Further, the Administrator
is required to issue guidelines specifying the kinds of information that will
be required to support the issuance or continuation of a tolerance or
exemption from the requirements for a tolerance and shall revise such
guidelines from time to time.
- My bill provides protections, especially to small acreage farmers to
ensure that they will not be left without crop protection tools. This legislation
requires the Administrator to report to Congress priorities for registering
new products that will replace products that are being removed from use and
expedite the registration process. This will allow the farmers to continue to
provide a safe, reliable food
supply.
- The USDA and EPA are required to assess the potential negative trade
effects of implementing FQPA. The program will monitor the competitive
strength of major United States agricultural commodity sections in the
international marketplace. Such commodity sectors include fruits and
vegetables, corn wheat, cotton rice, soybeans and nursery and forest
products.