Subject: PANUPS: EPA's Browner on Delaney Clause

From: Pesticide Action Network North America Reg Ctr <[email-masked]>
Date: Fri, 5 Feb 93 17:51:25 PST

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PESTICIDE ACTION NETWORK NORTH AMERICA UPDATES SERVICE
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EPA ADMINISTRATOR BROWNER ISSUES STATEMENT ON DELANEY 
CLAUSE

February 4, 1993

In response to reports appearing in national news media, incoming 
Administrator of the US Environmental Protection Agency (EPA) Carol 
Browner released a statement on pesticide regulation February 2,  to 
clarify her position on the Delaney Clause, part of the federal Food, 
Drug, and Cosmetic Act.  News reports had announced that EPA, under 
Browner's direction, planned to ask Congress to relax the Delaney 
standards, which prohibit pesticide and other additives in processed 
foods if they are found to cause cancer in humans or animals.  
Following a 1988 National Academy of Sciences (NAS) 
recommendation, EPA policy has exempted pesticides determined to 
pose "negligible cancer risk" from meeting Delaney Clause standards. 
This policy was overturned in July 1992 by the Ninth Circuit Court of 
Appeals.  An industry group has appealed this decision to the US 
Supreme Court, which is expected to announce in March whether they 
well hear this appeal. Should the Supreme Court choose not to hear the 
case, the Court of  Appeals decision could result in cancelled registration 
of dozens of potentially cancer-causing pesticides.

 Browner's official statement maintains that "at no time" has she said she 
plans to relax the Delaney Clause, that she will see that the Court of Appeals 
decision is enforced, and that food safety laws need to be improved to "give 
the public more protection, not less." Environmental and consumer 
advocacy groups are pleased that Administrator Browner's support for 
improved food safety represents a positive change from the position of the 
previous EPA Administrator, William Reilly.  Before leaving office, Reilly 
issued a statement ton January 19 maintaining that the Court of Appeals 
decision upholding a strict interpretation of the Delaney Clause "does not . . 
. reflect good public policy or good science policy."

However, many still question the extent of Browner's  committment to a 
strict interpretation of the Delaney Clause. In a February 2 EPA Note to 
Correspondents, Browner states that the thirty-two pesticides included in 
the EPA list of pesticide uses potentially affected by revocation of the 
"negligible risk" standard do not "pose an unreasonable risk to public 
health, based on available data."  In contrast, the Court of Appeals decision 
affirms the medical and legal position that no risk of cancer is acceptable in a
food additive.   Environmental and food safety advocates will continue to 
pressure EPA to develop a concrete policy to keep carcinogens out of the US 
food supply.

Details on the Delaney Clause statement will appear in the Federal Register, 
probably within a week of EPA's statement.  Reporters can obtain copies of 
the Federal Register notice by contacting Al Heier at the EPA Public Affairs 
office, (202) 260-4374.  Citizens seeking copies of the EPA notices regarding 
the Delaney Clause,  or of the National Food Processor's Association 
petition to the US Supreme Court, can contact the EPA Public Response and 
Program Resources Office, Field Operations Division, (703) 305-5805.

ACTION NEEDED

EPA is now seeking comments on whether the Delaney Clause should be 
modified to permit "negligible risk" tolerances of pesticides in processed 
food.  Write to Administrator Browner and insist that EPA must keep 
carcinogens out of our food while taking decisive action to promote the 
development and implementation of nontoxic alternatives to pesticides. 
Letters, faxes, and phone calls should be received by March 12, according to 
EPA's Office of Public Affairs.  The Natural Resources Defense Council asks 
that copies of this correspondence be sent to Vice President Al Gore, Senator 
Edward Kennedy, Representative Henry Waxman, and White House 
Liaison for the Environment Katie McGinty.

LETTERS: Carol M. Browner, Administrator, US EPA, 401 M St. SW, 
Washington, DC, 20460.   Phone: (202) 260-4700  Fax: (202) 382-4852.

Vice President Al Gore, 1600 Pennsylvania Ave, NW,  Washington, DC 
20500
	
Congressman Henry Waxman, 2418 Rayburn , House Office Building, 
Washington, DC 20515

Senator Edward Kennedy, 315 Russell Building, Washington, DC, 20510

Katie McGinty, Liaison for the Environment, The White House, 1600 
Pennsylvania Ave NW, Washington, DC, 20500

FOR MORE INFORMATION:  

Al Meyerhoff, Natural Resources Defense Council,  71 Stevenson St., suite 
1825, San Francisco, CA 94105.  Phone (415) 777-0220

Norma Grier, Northwest Coalition for Alternatives to Pesticides,  Box 1393, 
Eugene, OR 97440  Phone: (503) 344-05044

Jay Feldman, National Coalition Against the Misuse of Pesticides,  701 E ST 
#200, Washington, DC, 20003  Phone: (202) 543-5450

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