[Congressional Record Volume 145, Number 26 (Friday, February 12, 1999)]
[Senate]
[Pages S1650-S1651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  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 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

[[Page S1651]]

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.

                          ____________________