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1 1 (April 20, 2001)

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Order Code RS20043
Updated April 20, 2001


  Pesticide Residue Regulation: Analysis of

Food Quality Protection Act Implementation

                          Linda-Jo Schierow
                  Specialist in Environmental Policy
              Resources, Science, and Industry Division


Summary


     The Food Quality Protection Act of 1996 (FQPA) amended the Federal Insecticide,
 Fungicide, and Rodenticide Act (FIFRA), governing U.S. registration, sale, and use of
 pesticide products, and the Federal Food, Drug, and Cosmetic Act (FFDCA), under
 which the Environmental Protection Agency (EPA) sets allowable pesticide residue levels
 for food (tolerances). The FQPA mandates a reasonable certainty of no harm from
 pesticide exposure and requires reevaluation of tolerances against this new safety
 standard by August 2006. The Act directs EPA to evaluate aggregate exposure risks of
 pesticides and cumulative risks of various pesticides with similar toxic effects. EPA must
 modify tolerances that are not safe and amend registrations (labels) for the associated
 pesticides. EPA reported that it reassessed one-third of tolerances before August 1999,
 but many tolerances for relatively high-risk pesticides have not been evaluated. A test
 case for FQPA implementation is evaluation of risks for organo-phosphate (OP)
 insecticides, used on many fruits, vegetables, and grains. EPA already has canceled
 registrations for some OP uses. Cumulative OP risks will be evaluated in 2001.
 Agricultural and public health groups have challenged the FQPA implementation pace
 and process in court. This report will be updated as events warrant.


 Introduction

    The 104th Congress enacted significant changes to the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), governing registration, sale, and use of pesticide products,
and the Federal Food, Drug, and Cosmetic Act (FFDCA), under which the U.S.
Environmental Protection Agency (EPA) sets allowable pesticide residue levels for food
and animal feed (tolerances). The changes were wrought by the Food Quality Protection
Act of 1996 (FQPA; Public Law 104-170), which established a new standard of food
safety: a reasonable certainty of no harm from any legally permissible pesticide residue
on food, while recognizing the benefits of pesticide use on food crops.
    Farmers, chemical manufacturers, environmentalists, other stakeholders, and the
Clinton and Bush Administrations have carefully observed and sometimes criticized EPA


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