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Possible Cancellation of Certain Uses 2/93

Possible Cancellation of Certain Uses 2/93

EPA Releases Pesticide List That Could Lead To Cancellation Of Certain Uses

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
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
                                             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
Propargite          Apples                   Dried pomace (186.5000)
                    Grapes                   Raisins (185.5000),Dried pomace
                    Figs                     Dried (185.5000)
                    Citrus                   Pulp (186.5000)
                    Hops                     Dried hops (185.5000)
                    Tea                      Dried tea (185.5000)
Simazine            Sugarcane                Molasses, byproducts
                                             Syrup, byproducts (185.5350)
                                             Potable water (185.5350)
Thiophanate-        Apples                   Pomace (dried)(186.5700)
Triadimefon         Apples                   Pomace (186.800)
                    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)
                    *Spearmint               *Oil (185.5900)

List II

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.

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
                        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
                                               Dried Hops
Dimethoate              apples                 Juice
                        citrus                 Oil
Hexazinone              sugarcane              Bagasse and Molasses
Lindane                 tomatoes               Dried Pomace                               
Linuron                 potatoes               Dry & Wet Peel,Dehydrated
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