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Possible Cancellation of Certain Uses 2/93 |
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EPA Administrator Carol Browner, in one of her first official acts at the agency, has released a list of some 35 pesticides whose future use could depend on pending court cases.
The statement said that as EPA "moves forward with the list of chemicals for comment on possible cancellation," the agency plans to "confer carefully with congressional leadership and other interested parties, including environmental and agricultural groups, on what course might be best for assuring safer pesticide laws."
Browner pointed out that minimal risk standards that would make Delaney consistent with other pesticide and environmental laws have been recommended by the National Academy of Sciences (NAS). But she stressed that all options for improving food safety remain under review. NOTE: The EPA has released a Federal Register notice (2/5/93) requesting comment on modifying pesticide tolerance notices.
The decision to release the lists was triggered, in part, by the Ninth Circuit Court of Appeals ruling last July that EPA must strictly enforce the Delaney clause, which says that no substance known to be carcinogenic to humans or animals shall be added to processed foods. This zero risk application of the law covers even residues of carcinogenic substances that appear in small amounts.
An EPA news release that accompanied Browner's statement said that for several reasons the pesticide uses eventually affected by the court's ruling may be considerably smaller than the current released list. Conversely, the agency said the list should not be viewed as definitive or final because there may be additional pesticides that are affected, but are not included in the newly released list.
Another factor delaying implementation of the Ninth Circuit ruling is the petition by the National Agricultural Chemicals Association (NACA) to the Supreme Court to review the case. A decision as to whether it will hear the case is expected in March.
Following is the list of pesticides and their uses that EPA says may potentially be affected should the agency be held to a strict interpretation of the Delaney clause:
List I: The first list contains pesticides that have established Section 409 food additive tolerances. Those challenged in court are noted with an asterisk.
List I
REGISTERED PROCESSED FOOD/FEED
PESTIClDE RAW CROP (408s) WITH 409 TOLERANCE(S)
_________ _______________ _____________________
Acephate Cotton Seed Hulls (186.100)
Meal (186.100)
Soybeans Meal ( 186.100)
Food handling
establishments (185.100)
*Benomyl Apples Pomace (Dried) (186.350)
Citrus Pulp (dried) (186.350)
*Grapes Pomace (dried) (186.350)
*Raisins (185.350)
Raisin Waste (186.350)
Rice Hulls (186.350)
*Tomatoes *Puree or Catsup (185.350)
Captan Grapes Raisins (185.500)
Corn Seed (detreated)(186.500)
*Dichlorvos *Packaged goods (Proposed
for revocation) (185.1900)
*Dicofol *Tea (dried)(Processed for
revocation)(185.410)
Dimethipin Cotton Seed Hulls (186.2050)
Dimethoate Citrus Pulp (dried)(186.2100)
Ethylene Oxide Whole spices Ground Spices (185.2850)
Copra, Black Walnut Meats
*Mancozeb *Barley *Bran (185.6300) (revocation
Proposed)
Flour (185.6300)
Milled Fractions (186.6300)
*Grapes *Raisins (185.6300)
*Oats *Bran (185.6300)
revocation proposed)
Milled fractions (186.6300)
Flour (185.6300)
Rye Flour (185.6300)
*Bran (185.6300)
Milled Fractions (186.6300)
*Wheat *Bran (185.6300)
Flour (185.6300)
Milled Fractions (186.6300)
Methomyl Dried hops (185.4100)
Norflurazon Citrus Fruit Molasses (186.4450)
Pulp (dried) (186.4450)
Dried hops (185.4450)
Oxyflurofen Cotton Seed Oil (185.4600)
Peppermint Oil (185.4600)
Spearmint Oil (185.4600)
Soybean Oil (185.4600)
*Phosmet *Cotton *Seed oil (Crude and
Refined)(185.3950)
Propargite Apples Dried pomace (186.5000)
Grapes Raisins (185.5000),Dried pomace
(186.5000)
Figs Dried (185.5000)
Citrus Pulp (186.5000)
Hops Dried hops (185.5000)
Tea Dried tea (185.5000)
Simazine Sugarcane Molasses, byproducts
(185.5350)
Syrup, byproducts (185.5350)
Potable water (185.5350)
Thiophanate- Apples Pomace (dried)(186.5700)
methyl
Triadimefon Apples Pomace (186.800)
(Bayleton)
Barley Milled Fractions, excluding
flour (185.800)
Grapes Pomace (186.800)
Raisin Waste (186.800)
Wheat Milled Fractions excluding
flour (185.800
*Trifluralin *Peppermint *Oil (185.5900)
(Treflan)
*Spearmint *Oil (185.5900)
The following list of pesticides do not have established section 409 food additive tolerances, but based upon data indicating concentration during processing, would require food additive tolerances under EPA's current policy.
REGISTERED CROP(S) WITH SECTION PROCESSED FOOD(S) WITH
PESTICIDE 408 T0LERANCE(S) NO SECTION 409 TOLERANCE(S)
__________ ____________________ __________________________
Acephate soybean Hulls
Alachlor peanuts Meal
sorghum Flour, Bran, and Germ
soybeans Hulls, Meal
sunflower seed Meal
Asulum sugarcane Bagasse and Molasses
Atrazine sugarcane Bagasse, Molasses
Benomyl rice Bran
Captan apples Dried Pomace
grapes Raisin Waste, Juice and Dried
Pomace
plums Prunes
tomatoes Dried Pomace
Chlorothalonil soybeans Hulls
potatoes Wet Peel
Dicamba barley Hulls, Bran, Pearl Barley
millet Hulls, Meal
oats Hulls, Rolled Oats
wheat Bran, Shorts, Middlings
Dichlorvos Food handling establishments
Dicofol apples Dried Pomace
citrus Oil
grapes Dried Pomace, Raisins, Raisin
Waste
Dried Hops
Dimethoate apples Juice
citrus Oil
Hexazinone sugarcane Bagasse and Molasses
Lindane tomatoes Dried Pomace
Linuron potatoes Dry & Wet Peel,Dehydrated
Granules,
Chips
Mancozeb apples Dried Pomace
grapes Raisin Waste
sugar beets Pulp
wheat Middlings
Maneb apples Dried Pomace
sugar beets Pulp
grapes Raisin Waste
Methidathion citrus Oil
Metiram apples Dried Pomace
sugar beets Pulp
Metolachlor peanuts Meal
Methomyl wheat Bran
Oxyflurofen apples Dried Pomace
PCNB potatoes Wet and Dried Peel
tomatoes Dried Pomace
Permethrin tomatoes Dried Pomace (Restricted to
fresh tomatoes)
Phosmet citrus Oil
Propargite citrus Oil
plums Prunes
grapes Raisin Waste
Simazine sugarcane Bagasse
Triadimefon pineapple Bran
Pesticide & Toxic Chemical News, 2/3/93
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