SENATE CONCURRENT RESOLUTION 11--EXPRESSING THE SENSE OF CONGRESS WITH RESPECT TO THE FAIR AND EQUITABLE IMPLEMENTATION OF THE AMENDMENTS MADE BY FOOD QUALITY PROTECTION ACT OF 1996 -- (Senate - February 12, 1999)
 

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   Mr. CAMPBELL (for himself, Mr. CONRAD, Mr. BROWNBACK, Mr. FRIST, Mr. GRAMM, Mr. HUTCHINSON, Mrs. HUTCHISON, and Ms. LANDRIEU): submitted the following concurrent resolution; which was referred to the Committee on Agriculture, Nutrition, and Forestry:

   S. Con. Res. 11

   Whereas the Food Quality Protection Act of 1996 (Public Law 104-170; 110 Stat. 1489) was enacted with unanimous congressional approval and with the assistance and leadership of a broad coalition of agricultural, industry, and public interest groups;

   Whereas the amendments made by that Act are intended to be an important tool in protecting public health, particularly the health and well-being of the most valuable resource of the United States, the children of the United States;

   Whereas it is critical that the amendments made by that Act be implemented in a way that accomplishes the intent of Congress while maintaining an abundant, affordable, and safe food supply for the United States, ensuring urban pest control, and not unfairly providing competitive advantages to foreign food suppliers over domestic producers;

   Whereas the amendments made by that Act require the Administrator of the Environmental Protection Agency to develop risk assessment methodologies that are based on reliable information and to undertake a massive review of all approved pesticide tolerances;

   Whereas on August 4, 1997, the Administrator published a schedule for reassessment of more than 3,000 tolerances by August 3, 1999, that could include certain classes of products that are extensively used;

   Whereas the sudden loss of uses and products could both economically cripple a host of agricultural commodities, including corn, soybeans, wheat, rice, cotton, and dozens of fruit and vegetable crops and create a public health threat to the urban environment from the unchecked infestation of insects; and

   Whereas it is critical that the amendments made by that Act be implemented in a fair and equitable manner, and that the protections be implemented while maintaining an abundant, affordable, and safe food supply for the United States: Now, therefore, be it

    Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that--

    (1) the Administrator of the Environmental Protection Agency and the Secretary of Agriculture should ensure that the implementation of the amendments made by the Food Quality Protection Act of 1996 (Public Law 104-170; 110 Stat. 1489)--

    (A) be based on sound science that protects public health;

    (B) include transparent processes with full disclosure of decisions and be subject to peer and public review;

    (C) provide for a reasonable transition for agriculture; and

    (D) require consultation with the public and other agencies;

    (2) the development of risk assessment methodologies, guidelines, and protocols for collection of data under the amendments made by that Act be based on sound science and not default assumptions in the absence of reliable data;

    (3) the Administrator of the Environmental Protection Agency should devote sufficient resources to register new pesticide products and uses to provide effective substitutes for pesticides that may be considered high risk under the amendments made by that Act; and

    (4) the Administrator should establish ongoing means for input regarding the implementation decisions of the Administrator with respect to that Act from producers, pesticide users, registrants, environmental and public health groups, consumers, State and local agencies, tribal governments, Members of Congress, and appropriate Federal agencies.

   Mr. CAMPBELL. Mr. President, today I submit a Senate Concurrent Resolution which addresses the controversy surrounding the Food Quality Protection Act. I am pleased to be joined today by my colleagues, Senators CONRAD, BROWNBACK, HUTCHISON, FRIST, GRAMM of Texas, LANDRIEU, and HUTCHINSON who are original cosponsors of the resolution.

   The Food Quality Protection Act directs the EPA to base its tolerance review decisions pertaining to pesticides on reliable data that is currently available. Or, the EPA can require the development of new data through the 

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data call-in provisions of the Food Quality Protection Act.

   In order to meet the review deadlines, the EPA is basing some critical decisions on assumptions, which are primarily EPA's preliminary findings. This could lead to needless and questionable product cancellations, and have a significant impact on the agricultural industry.

   It is essential that the EPA's insect tolerance assessment process be based on sound scientific data. If the EPA's current approach to pesticide risk assessments is not modified, it is likely that many uses of crop protection products will be unjustifiably terminated. The sudden adoption of new restrictions of certain pesticide applications and products could needlessly cripple a host of agricultural commodities, including corn; soybeans; wheat; rice; cotton; and dozens of fruit and vegetable crops. It could also add a public health threat to the urban environment from mosquitos, cockroaches, and termites that might go unchecked. American farmers, ranchers, and consumers will feel the unnecessary and avoidable repercussions of the EPA's actions.

   We all know pesticide use must be closely monitored and some pesticides need to be replaced. The protection of the environment must always be foremost in our minds. But, common sense and real science must be involved in this matter so that all parties will benefit. Certain pesticides that warrant replacement or removal must have suitable, affordable, and effective replacements. And, any changes must be made in a sufficient time frame to allow producers to learn the safe use of the new products as they transition away from old dated products.

   Also, the current Food Quality Protection Act puts the United States at a distinct disadvantage in the global marketplace. Other countries do not have the same requirements that our producers have, but we still import and consume their products. We need to offer every advantage to our producers and safeguard consumers instead of providing other countries an upper hand in the world's agricultural market.

   To address this issue, the resolution I introduce today expresses the sense and intent of Congress for the fair and equitable implementation of the Food Quality Protection Act of 1996. The resolution calls on the EPA Administrator and the Secretary of Agriculture to use sound science to protect the public health while effectively administering the Food Quality Protection Act.

   Some important organizations have endorsed my resolution, including the Colorado Farm Bureau and the Rocky Mountain Farmers Union.

   We must modify the enforcement mechanisms in the Food Quality Protection Act to ensure the act is properly implemented, so that it can help, not hurt the people and our environment it was intended to protect. The resolution I submit today will help accomplish this goal, and I urge my colleagues to support its passage.

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