S-0165.3  _______________________________________________

                    SENATE JOINT MEMORIAL 8001

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Rasmussen, Morton, Snyder, Newhouse, A. Anderson and Hochstatter

Read first time 01/09/95.  Referred to Committee on Agriculture & Agricultural Trade & Development.

Petitioning Congress to amend the food, drug, and cosmetic act to establish a negligible risk standard for pesticide residue in processed foods.

    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, THE ADMINISTRATOR OF THE FEDERAL FOOD AND DRUG ADMINISTRATION, THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND THE NATIONAL ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE:

    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 Food and Drug Administration regulates pesticide residues in foods under the Federal Food, Drug, and Cosmetic Act; and

    WHEREAS, Section 408 of the Federal Food, Drug, and Cosmetic Act contains provisions for the establishment of legally permissible levels of pesticide residues that can exist in raw food products based upon a scientific risk-benefit analysis; and

    WHEREAS, Section 409 of the Federal Food, Drug, and Cosmetic Act, written in 1958, contains the Delaney Clause, which sets the standard for pesticide residues in processed foods that has been interpreted by the court to be a "zero risk" standard; and

    WHEREAS, Using a "zero risk" standard, in a world where current technology allows residues to be detected in parts per trillion, no longer has a meaningful relationship to the safety of processed foods; and

    WHEREAS, The ability to produce high quality food products that meet the standards of American consumers is dependent on the safe use of pesticides; and

    WHEREAS, Having two different standards for different types of edible foods shows a lack of coherent federal policy regarding food safety;

    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 in processed foods, a standard that would permit the scientific evaluation of risk in decisions for protecting the safety of the food supply and would be compatible with the standards that exist with unprocessed food products.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, the Administrator of the Federal Food and Drug Administration, the Administrator of the United States Environmental Protection Agency, the Secretary of the United States Department of Agriculture, and the National Association of State Departments of Agriculture.

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