9.5 Implementation of FQPA

Risk Determination & Methodology

The FQPA institutes changes in the types of information EPA is required to evaluate in their risk assessment process for establishing tolerances for pesticide residues in food and feed. It also gives EPA a mandate to account for the special needs and sensitivities of infants and children when assessing dietary risks, to look at aggregate exposure, and to evaluate compounds with the same mechanism of toxicity simultaneously. Benefit considerations have been dropped except in cases where the compound is a carcinogen and the tolerance is already in existence and certain conditions regarding use and risk are met.

Throughout the law the term "available information" is applied to data to be used by EPA in their decision making process. How EPA defines "available information," in terms of valid animal models and scientific methods, will be crucial for regulations required under FQPA. In situations where the data do not yet exist (e.g., consumption studies for infants and children), funding for and design and conduct of studies are necessary to make the information "available."

A key provision of FQPA was that decisions be made on the basis of reliable information and data. In the absence of "available information," EPA may use default assumptions. Realistic risk estimates based on sound science are essential to avoid misguided decisions. Otherwise, valuable pest control options could unnecessarily be canceled. In addition, EPA must establish some orderly process to allow for pesticides no longer supported by tolerances, to clear channels of trade and use. Failure to do so will result in costly disposal problems for states and possibly major disruption in production agriculture should tolerances expire during the use season.

NASDA recommends that EPA publish a "transition report" regarding how they will identify endocrine disruptors and their role in human health. This report could be used to identify data gaps and deficiencies, allow for the development of newly needed data, and let the agricultural community know how tolerance decisions will affect and impact production. EPA should communicate with NASDA regarding detailed guidelines and regulations for implementation of the endocrine disruptor portion of the FQPA.

Data Needs

EPA should develop a comprehensive database to address cancelled, amended, or additional uses for pesticide products with tolerance establishment or cancellation information. With FQPA and the re-registration process, changes in product availability is nearly impossible to track. EPA is the most appropriate agency to provide this information in a centralized database for public access.

Coordination of current pesticide recordkeeping requirements such as those required under FIFRA, state laws, the 1990 Farm Bill, and the Worker Protection Standard (WPS) would result in a more efficient comprehensive recordkeeping system.

NASDA strongly supports efforts to build program capacity within the National Agricultural Statistics Service (NASS) and its cooperative partners to expand pesticide use data collection through statistically valid survey procedures for all pesticide uses supported through the pesticide registration and FQPA process. NASDA encourages continued dialogue with USDA, EPA, the pesticide industry and other interested parties to ensure the use of the best available information collected in the most efficient manner.

Minor Use

Continued efforts on the part of EPA to ease the burden of the registration process for pesticides on minor crops is necessary. Minor crops are important to American agriculture and consumers. "Minor crops" are anything but minor and in fact represent over $31 billion annually to U.S. agriculture or 42 percent of total U.S. crop sales.

Twenty-six states rely on minor crops for at least 50 percent of their total crop sales. In Florida, minor crops account for 98 percent of crop production. Congress, recognizing the need to ease the burden on minor crops, enacted specific legislation under the FQPA designed to make it easier and less costly to register pesticides on minor crops. Among these were the establishment of a revolving grant fund of $10 million to support the development of data necessary to register minor use pesticides as well as the establishment of minor use programs within EPA and USDA to foster coordination on minor use regulations and policy. Congress should appropriate these funds. EPA should eliminate the annual fee for 24c’s charged to the registrant to further support pesticide availability for minor crops.

USDA should also immediately move toward the organization of a minor use office to complement but not duplicate the activities of IR-4 and to administer the awarding of minor use data development grants. In tandem, EPA should also organize its minor use office with the objective of assisting in the coordination of minor use pesticide registrations. A survey of what grower needs are, with respect to the registration process, should be conducted as a part of the formation of this office. This information is supposed to have been implemented under USDA as crop specific strategic plans, but most crops remain undocumented.

The IR-4 program develops data in support of minor use pesticides. This program has proven to be effective and important to agriculture. The goals and objectives of the IR-4 program, to generate data to support minor uses, are critical to preserving valuable pest control options. Congress should appropriate adequate funding for this program.

Consumer Communication

FQPA amended Section 408(c) of the FFDCA to require EPA to move forward with a consumer right-to-know program. FQPA specifies a discussion of the risks and benefits of pesticides and recommendations to consumers for reducing dietary exposure to pesticides while maintaining a healthy diet. Additionally, FQPA requires EPA to produce a listing of the pesticides for which there are benefit-based tolerances and the foods which may have residues of these pesticides.

The concept of an informed public is generally a positive goal, however information about pesticide use in food production should not unnecessarily frighten consumers. Misleading or misunderstood information could create confusion about the safety of the food supply, especially fruits and vegetables, which it is widely recognized that Americans should consume in greater quantities. The medical community has long promoted a diet high in fiber which research has shown to have increased health benefits, among these a reduction in certain forms of cancer. USDA, along with the medical community and other health advocacy organizations, continue to actively encourage an increased consumption of fruits and vegetables as part of a healthy diet.

EPA, with input from the Pesticide Program Dialogue Committee as well as other interested and impacted organizations, should develop a brochure written for the general public of a size which can easily fit into a shirt pocket or purse. The brochure should include a brief discussion on the risks and benefits of pesticides with some practical information for consumers on how they can reduce their dietary risks from pesticides. It is suggested that this brochure be initially field tested with groups of average consumers and evaluated in a limited area before national distribution. State regulatory agencies and land grant universities should be included in the development and any preliminary release for their review and evaluation of the material. In addition, plans for periodic updates of this information should be considered. Listing of benefit-based tolerances and associated foods should be included on the EPA web site and/or made available on request rather than in the consumer brochure. The consumer brochure would contain a reference statement directing consumers to the EPA web site and to State Lead Agencies for more information.