S-1834.1                   _______________________________________________

                                            SENATE JOINT MEMORIAL 8018

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators M. Rasmussen, Loveland, Barr, Jesernig, Newhouse and Winsley

Read first time 02/22/93.  Referred to Committee on Agriculture.

Requesting amendment of the Delaney Clause of the federal food, drug, and cosmetic act.

          TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:

          We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

          WHEREAS, The United States Environmental Protection Agency (EPA) regulates pesticide residues in foods under the Federal Food, Drug, and Cosmetic Act; and

          WHEREAS, The EPA sets tolerances for pesticide residues in raw food under section 408 of that act and tolerances for residues that concentrate in food processing or are added as a part of processing under section 409 of that act; and

          WHEREAS, Section 408 permits the EPA to assess scientifically the amount of risk that a residue may pose in making determinations that ensure the safety of the nation's food supply; and

          WHEREAS, The Delaney Clause in section 409 prohibits additives in food processing that may cause cancer in humans or animals no matter how small the risk to health or safety posed by their presence; and

          WHEREAS, The Delaney Clause has created a paradox regarding the regulatory standards that apply when a food with acceptable residues is processed; and

          WHEREAS, A recent decision of the United States Court of Appeals, Ninth Circuit, may have converted the Delaney paradox to the Delaney crisis for pesticide regulation by interpreting section 409 of the act in a way that may prohibit the EPA from considering scientific analysis of risk in approving certain pesticides;

          NOW, THEREFORE, your Memorialists respectfully pray that section 409 of the Federal Food, Drug, and Cosmetic Act be amended to establish a negligible risk standard for pesticide residues as additives in food processing, a standard that would permit the scientific evaluation of risk in decisions for protecting the safety of the food supply.

          BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the Administrator of the United States Environmental Protection Agency, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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