[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Extensions of Remarks]
[Pages E2197-E2198]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


      H.R. 4679, ANTIMICROBIAL REGULATION TECHNICAL CORRECTION ACT

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                          HON. EVA M. CLAYTON

                           of north carolina

                    in the house of representatives

                       Thursday, October 15, 1998

  Mrs. CLAYTON. Mr. Speaker, I am delighted to rise in support of H.R. 
4679. The passage of the Food Quality Protection Act of 1996 was 
intended to improve the quality of services provided by the U.S. Food 
and Drug Administration (FDA) and the Environmental Protection Agency 
(EPA).
  In this process, the regulatory jurisdiction a class of consumer 
products known as ``antimicrobials'' was shifted from the FDA to the 
EPA. Antimicrobials are chemicals used in food contact applications. 
The EPA has historically regulated pesticides and does not have the 
experience needed to regulate antimicrobial products.
  Since the passage of the Food Quality Protection Act, pending 
petitions for antimicrobial food additive petitions have been put on 
hold at the FDA. Products that will benefit consumers have been denied 
access to the marketplace.
  One such petition that is still waiting for production is a new 
``slimicide'' for papermaking usage. This item had previously received 
the President's Green Chemistry Challenge Award. It has been identified 
as a safer chemical than what is on the market today.
  The enactment of the 1996 Food Quality Protection Act (FQPA) changed 
the definition of ``pesticide chemical'' under the Federal Food, Drug, 
and Cosmetic Act (FFDCA). This change had a major and unexpected impact 
on the regulatory responsibility for approval of specific specialty 
chemicals in food contact applications.
  Antimicrobials are considered a specialty chemical. Prior to the 
passage of FQPA, these substances were regulated by the Food and Drug 
Administration. However, with the passage of FQPA, these substances are 
not termed ``pesticide chemical'' and were inadvertently switched to 
the Environmental Protection Agency's jurisdiction.
  Since the 1996 passage of FQPA, petitions for antimicrobials are 
still waiting for approval at the FDA. The FDA has experienced problems 
with expending resources for a function that they no longer have 
responsibility for.
  The bill amends the Federal Food, Drug, and Cosmetic Act which is 
part of the 1996 Food Quality Protection Act. It is a technical 
correction. It by no means changes the policy of FQPA, nor does it 
lessen the Act's environmental safeguards.
  This piece of legislation shifts the regulatory jurisdiction for 
review and approval of petitions for use of antimicrobials in food 
contact applications. It does not remove or amend pesticide regulations 
under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). 
Antimicrobials will still be subject to registration under FIFRA and 
standard FDA review for food additives.
  This measure will correct a problem that has impacted many working 
citizens in my district. However, this bill does not lessen the quality 
of inspection. No one expected the problems we have encountered with 
the passage of the Food Quality Protection Act of 1996. However

[[Page E2198]]

this bill is a simple solution. I commend Representative Tom Bliley  
for his work on this bill.

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