FOR RELEASE:   FRIDAY, SEPTEMBER 20, 1996
EPA WITHDRAWS DELANEY-RELATED REVOCATION ACTIONS FOR PESTICIDE TOLERANCES
 In accord with provisions of the recently enacted Food Quality
Protection Act, EPA is withdrawing final and proposed rules revoking
tolerances (maximum allowable levels) for pesticide residues in
processed food or animal feed that were based on the Delaney clause
provisions of the Federal Food, Drug and Cosmetic Act (FFDCA).  The new
law amends FFDCA to establish a single, health- based standard for
pesticide residues in all types of foods, replacing the Delaney clause
as it applied to some residues in ready-to-eat processed foods. EPA is
also withdrawing final and proposed rules revoking processed food and
animal feed tolerances based on the Agency's interpretation of which
foods are "ready-to-eat," since the new law does not require such a
determination.  Finally, EPA is also withdrawing proposed rules revoking
raw food tolerances which were based on the premise (known as the
"coordination policy") that if a processed food tolerance were required
but could not be established due to the Delaney clause, the
corresponding raw food tolerance should also not be allowed.  These
withdrawal actions involve tolerance revocations that have not yet taken
effect, and pesticide residues consistent with the previously
established tolerances will remain lawful until EPA modifies or revokes
them in accordance with the new law.  EPA will be reassessing these
tolerances, and all other tolerances in effect as of Aug. 3, to ensure
that they meet the new law's standard of a "reasonable certainty of no
harm," including special consideration of potential effects on infants
and children.  For carcinogens in food, the "reasonable certainty of no
harm" is a "negligible risk" standard. Tolerance revocations which have
already taken effect will not be reinstated unless new petitions are
submitted to EPA that demonstrate that the tolerances meet the stringent
standards of the new law.  The Agency is developing guidance on how
decisions will be made under the new standards.  The l958 Delaney clause
of the Federal Food Drug and Cosmetic Act prohibited the approval of
food or feed tolerances for pesticide residues in ready-to-eat
processed food or animal feed if the pesticide were found to induce
cancer in man or animals, regardless of the level of risk.  A decision
in l992 by the U.S. Ninth Circuit Court of Appeals held that EPA was
required to follow a strict, legal interpretation of the Delaney clause.
 Subsequent to the decision, EPA began a process of revoking all
tolerances that were not consistent with the Delaney clause.  The
following final revocation actions which were based on the Delaney
clause are being withdrawn: ethylene oxide in ground spices; mancozeb in
bran of oats; propargite in dried figs and dried tea; propylene oxide in
cocoa, gums, processed nutmeats (except peanuts), and processed spices;
benomyl in tomato products and raisins; dichlorvos (DDVP) on bagged and
packaged processed foods; dicofol in dried tea; acephate in food
handling establishments; iprodione in dried ginseng and raisins; and
triadimefon in milled fractions of wheat.  The final revocation action
for imazalil in citrus oil, based on ready-to-eat grounds, is also
being withdrawn.  All these final revocation actions had been stayed.
The following proposed revocation actions which were based on the
Delaney clause are being withdraw: simazine in sugarcane molasses; and
tetrachlorvinphos in feed of beef, dairy cattle, and horses.  The
proposed revocation actions, based on ready-to-eat grounds, are being
withdrawn: acephate in cottonseed hulls; benomyl in dried citrus pulp
and rice hulls, diflubenzuron in soybean hulls; imazalil in dried citrus
pulp; iprodione in rice bran and rice hulls; mancozeb in milled wheat
fractions; and thiodicarb in soybean hulls.  Finally, EPA is withdrawing
the following proposed raw food Delaney-related tolerance revocations
actions: dicofol in apples, grapes, and plums; mancozeb in oats and
wheat; propargite in apples and figs; simazine in sugarcane; and
triadimefon in wheat.  Today's announced actions are expected to be
published in the Federal Register within the next ten days.
R-134                   # # #
 * QMPro 1.53 * What we need is more unemployed politicians...
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