56
HOUSE OF REPRESENTATIVES             H.R. NO.              H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

URGING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO
   IMPLEMENT THE 1996 FOOD QUALITY PROTECTION ACT USING SOUND
   SCIENCE AND REAL-WORLD DATA FROM THE DATA CALL-IN PROCESS
   FOR REALISTIC RISK ASSESSMENTS.



 1       WHEREAS, the safe and responsible use of pesticides for
 2   agricultural, food safety, structural, public health,
 3   environmental, and other purposes has significantly advanced
 4   the overall welfare of Hawaii's citizens and the environment;
 5   and
 6   
 7       WHEREAS, the 1996 Food Quality Protection Act (FQPA)
 8   establishes new safety standards that pesticides must meet to
 9   be newly registered or remain on the market; and
10   
11       WHEREAS, FQPA requires the U.S. Environmental Protection
12   Agency (EPA) to ensure that all pesticide tolerances meet these
13   new standards by reassessing one-third of the 9,700 current
14   pesticide tolerances by August 1999, and all current tolerances
15   in ten years; and
16   
17       WHEREAS, risk determinations based on sound science and
18   reliable real-world data are essential for accurate decisions,
19   and the best way for EPA to obtain this data is to require its
20   development and submission by the registrants through the data
21   call-in process; and
22   
23       WHEREAS, risk determination made in the absence of
24   reliable, science-based information is expected to result in
25   the needless loss of pesticides and certain uses of other
26   pesticides; and
27   
28       WHEREAS, the needless loss of pesticides and certain
29   pesticide uses will result in fewer pest control options for
30   Hawaii and would be harmful to the economy of Hawaii by
31   jeopardizing agriculture, one of the few industries that has
32   shown great strength during the recent years of the State's
33   flat economy, and fewer pest control options for urban and
34   suburban uses that will result in significant loss of personal
35   property and increased human health concerns; and

 
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                                  H.R. NO.              H.D. 1
                                                        
                                                        

 
 1       WHEREAS, the needless loss of pesticides will jeopardize
 2   the state and county government's ability to protect public
 3   health and safety on public property and to protect our natural
 4   environmental resources, for example, from aggressive alien
 5   species; and
 6   
 7       WHEREAS, the flawed implementation of FQPA is likely to
 8   result in significant increases in food costs to consumers,
 9   thereby putting the nutritional needs of children, the poor,
10   and the elderly at unnecessary risk; and
11   
12       WHEREAS, the Clinton Administration has directed EPA and
13   the U.S. Department of Agriculture (USDA) to jointly work
14   toward implementing FQPA in a manner that assures that children
15   will be adequately protected and that risk determinations
16   related to pesticide tolerances and registrations will be based
17   on accurate, science-based information; and
18   
19       WHEREAS, the cost of developing data to quantify real-world
20   risk is prohibitive and minor use data may not be financed by
21   pesticide registrants and the State, and pesticide users may
22   fund studies to support minor uses; now, therefore,
23   
24       BE IT RESOLVED by the House of Representatives of the
25   Twentieth Legislature of the State of Hawaii, Regular Session
26   of 1999, that the U.S. Congress is hereby respectfully
27   requested to direct the Administrator of the EPA to:
28   
29       (1)  Initiate rulemaking to ensure that the policies and
30            standards EPA intends to apply in evaluating pesticide
31            tolerances and making realistic risk determinations
32            are based on accurate information, real-world data
33            available through the data call-in process, and sound
34            science, and are subject to adequate public notice and
35            comment before EPA issues final pesticide tolerance
36            determinations;
37   
38       (2)  Provide interested persons the opportunity to produce
39            data needed to evaluate pesticide tolerances so that
40            EPA can avoid making faulty final pesticide tolerance
41            determinations based upon unrealistic default
42            assumptions;
43   
44       (3)  Implement FQPA in a manner that will not adversely
45            disrupt agricultural production nor adversely affect
46            the availability or diversity of the food supply, nor
47            jeopardize the public health or environmental quality
48            through the needless loss of pesticide tolerances for
49            non-agricultural activities;

 
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                                  H.R. NO.              H.D. 1
                                                        
                                                        

 
 1       (4)  Delay the August 1999, deadline until 2001 or until
 2            EPA, USDA, industry leaders, and manufacturers can
 3            provide science-based data as to use, application, and
 4            residue of the pesticides under review; and
 5   
 6       (5)  Implement the registration of new crop protection
 7            products for minor and major crops;
 8   
 9   and
10   
11       BE IT FURTHER RESOLVED that pesticide registrants and EPA
12   are requested to support minor use registrations by reserving a
13   meaningful portion of the risks projected from the use of
14   pesticides or a class of pesticides for minor uses; and
15   
16       BE IT FURTHER RESOLVED that certified copies of this
17   Resolution be transmitted to the Speaker of the U.S. House of
18   Representatives, the President of the U.S. Senate, members of
19   Hawaii's Congressional Delegation, the Administrator of EPA,
20   the Secretary of the U.S. Department of Agriculture, the
21   Governor of the State of Hawaii, and the President of the
22   American Crop Protection Association.