The Food Quality Protection Act (FQPA) of 1996 overhauled the federal regulatory structures governing the safety and application of restricted use pesticides. The law amended the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) used to register and label pesticide products, and the Federal Food, Drug and Cosmetic Act (FFDCA), which establishes human health protection standards. The FQPA fundamentally changes both the philosophy and practice of pesticide regulation in the following ways:

• establishes a single, health-based standard for pesticide residues on food
  (eliminating the Delaney Paradox)
• provides special protections for infants and children
• expedites approval of safer pesticides
• requires periodic re-evaluation of pesticide registrations and residue tolerances to ensure that the supporting scientific data remains up to date

At the time of its passage, the FQPA was widely praised as representing a new consensus among the pesticide industry, agricultural producers, environmentalists, and consumer interests. The law promised solutions for many long running controversies in pesticide regulation. The risk assessment process would be streamlined and accelerated but grounded in the stringent human health protection standard developed by the National Research Council for its authoritative 1987 and 1993 studies on exposure to pesticides. Pesticide manufacturers and users anticipated a more rational and predictable regulatory framework while public interest groups were confident that the FQPA constituted state of the art methodology for protecting human health.

After this auspicious start, however, the FQPA has sputtered through the early stages of implementation. The Environmental Protection Agency (EPA) has struggled to translate the new language and concepts in the legislation into workable regulation. Both the advocates and critics of pesticide use claim that the EPA is interpreting the law to its own satisfaction in lieu of following Congressional intent. Under intense pressure, primarily from pesticide manufacturers and applicators, the EPA joined with the U.S. Department of Agriculture (USDA) to establish the Tolerance Reassessment Advisory Committee (TRAC) to facilitate public participation in the FQPA implementation process. The TRAC met five times during 1998 and will re-convene periodically to evaluate the progress made by the EPA and USDA.

One significant outcome of the work of the TRAC was the EPA's decision to submit nine crucial FQPA science policy issues to public notice and comment review. These science policy issues address how the EPA should handle the new methodological requirements contained in the FQPA and what to do about acknowledged data gaps regarding exposure to pesticides from residential, drinking water, and dietary sources. Starting in the fall of 1998, the EPA will publish in the Federal Register its existing guidance on each of the science policy issues and invite public comment on how they can be improved. The EPA hopes to complete this process within a year to coincide with its statutory responsibility to reevaluate one third of all food tolerances (allowable pesticide residue levels) by August, 1999.

The Wallace Institute is actively following the FQPA implementation process and recognizes the enormous impact it will have on the future of America's food supply. The Institute firmly supports regulatory practices which protect human health and environmental quality while facilitating producers' access to tested and reliable crop protection products. The Institute strongly endorses the stringent human health standard which defines the FQPA and sees implementation of the law as an opportunity for American agriculture to reduce its dependence on toxic synthetic inputs. As part of our commitment to dialogue and education, this site will post the Wallace Institute's comments on the nine science policy issues which the EPA will publish during the next year. Comments will be posted as far ahead of the deadline for submission as practical.

For additional information, contact Mark Keating or Kathleen Merrigan at (202) 544-0705 or through email at merrigan@access.digex.net.

Comment on "Guidance for Identifying Pesticide Chemicals That Have a Common Mechanism of Toxicity for Use in Assessing the Cumulative Toxic Effect of Pesticides."
Submitted September 1, 1998
Comment period closed September 8, 1998

These sites provide valuable information on FQPA implementation and related subjects including integrated pest management and pesticide toxicity:

Homepage of the EPA's Office of Pesticide Programs

A comprehensive compilation of EPA position papers on the FQPA. Also a timely source of updates on developments including TRAC meetings and Federal Register notices.

 

Homepage of Consumers Union FQPA project

A site dedicated to the FQPA reflecting the long commitment of the Consumers Union to pesticide regulatory reform.

 

Homepage of Pest Management at the Crossroads

Authoritative review of contemporary pesticide policy issues with a strong orientation towards integrated pest management.

 

Homepage of the Extension Toxicology Network

Overview of toxicological concerns. Contains several hundred pesticide information profiles (pips) presenting detailed information on the most widely used compounds.

All information contained on this Web page may be used without permission, provided credit is given.