ENVIRONMENTAL POLICY: THE LEGISLATIVE AND REGULATORY AGENDA



creased funding and accelerating the recovery of listed species for
which no action has been taken
(Kiplinger Agriculture Letter).

ESA reauthorization will be a challenge for the 103rd Congress.
Field issues related to such endangered species as the Northern
Spotted Owl have deeply polarized many factions subject to the act
and have, in turn, generated considerable debate about the act’s fu-
ture. Reauthorized or not, Congress will probably appropriate the
funds necessary for continued implementation of the current law
(Corn, p. CRS-2).

Pesticides

No one environmental policy issue surfaces with such consistent
regularity as that of pesticides. Issues related to pesticide use and
impact weave through nearly every major piece of environmental
legislation. Some of these issues include ground and surface water
contamination, endangered species, food safety, hazardous waste
disposal and cleanup.

Once again, pesticides have dominated the popular press with the
recent National Academy of Sciences Study, “Pesticides in the Diet
Of Infants and Children.” The study was designed to determine
“whether there are adequate protections for infants and children in
the pesticide risk assessment process”
(Chemically Speaking, July,
1993, p. 1). The conclusion was that the risk assessment process
needs improvement, specifically in the form of better data
(Chem-
ically Speaking,
July, 1993, p. 2). EPA Administrator Browner re-
sponded by calling for more pesticide regulatory oversight. What fol-
lows are two pesticide issues currently under consideration by
Congress. They are food safety and minor use registration.

Food Safety — A number of scientists and public health officials
agree that microbial contamination of foods, not pesticides, pose the
greatest food safety threat to the public (Vogt, p. CRS-6). The public
sees it differently. In one study, 79 percent of consumers surveyed
see pesticides as the most serious food health threat (Vogt, p.
CRS-3). The pesticide-food safety issue has recently surfaced in the
courts, prompting EPA and Congressional action
(Chemically Speak-
ing,
Feb. 1993).

The U. S. Court of Appeals for the Ninth Circuit has ruled the
EPA must adhere to Delaney Clause provisions of the Federal Food
Drug and Cosmetic Act (FFDCA) (7 U.S.C. Sec. 138 et seq.). The
Delaney Clause, also referred to as the Food Additive Amendment
of 1958, is found in Section 409 of the FFDCA. Delaney sets a zero
risk standard for carcinogenic residues. Under the ruling, the EPA
can no longer allow carcinogenic pesticides to accumulate in proc-
essed foods
(Pesticide & Toxic Chemical News, June, 1993). For
years, the EPA interpreted Delaney as containing an exception for

183



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