132
THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                    SENATE  CONCURRENT
                        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, 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, the FQPA requires the U.S. Environmental
12   Protection Agency (USEPA) to ensure that all pesticide
13   tolerances meet these new standards by reassessing one-third of
14   the 9,700 current pesticide tolerances by August 1999, and all
15   current tolerances 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 USEPA to obtain this data is to require
20   its development and submission by the registrants through the
21   data call-in process; and
22   
23        WHEREAS, risk determinations 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

 
Page 2                                                     132
                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1   property and increased human health concerns; and
 2   
 3        WHEREAS, the needless loss of pesticides will jeopardize
 4   the ability of the state and county governments to protect
 5   public health and safety on public property and to protect our
 6   natural environmental resources, for example, from aggressive
 7   alien species; and
 8   
 9        WHEREAS, the flawed implementation of the FQPA is likely
10   to result in significant increases in food costs to consumers,
11   thereby putting the nutritional needs of children, the poor,
12   and the elderly at unnecessary risk; and
13   
14        WHEREAS, the Clinton administration has directed the USEPA
15   and the U.S. Department of Agriculture to work jointly toward
16   implementing the FQPA in a manner that assures that our
17   children will be adequately protected and that risk
18   determinations related to pesticide tolerances and
19   registrations will be based on accurate, science-based
20   information; and
21   
22        WHEREAS, the cost of developing data to quantify real-
23   world risk is prohibitive and minor use data may not be
24   financed by pesticide registrants and the State and pesticide
25   users may fund studies to support minor users; now, therefore,
26   
27        BE IT RESOLVED by the Senate of the Twentieth Legislature
28   of the State of Hawaii, Regular Session of 1999, the House of
29   Representatives concurring, that the Legislature of the State
30   of Hawaii does hereby respectfully request that the U.S.
31   Congress direct the Administrator of the U.S. Environmental
32   Protection Agency to:
33   
34        (1)  Initiate rulemaking to ensure that the policies and
35             standards it intends to apply in evaluating pesticide
36             tolerances and making realistic risk determinations
37             are based on accurate information, real-world data
38             available through the data call-in process, and sound
39             science, and are subject to adequate public notice
40             and comment before it issues final pesticide
41             tolerance determinations;
42   

 
 
 
 
 
Page 3                                                     132
                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1        (2)  Provide interested persons the opportunity to produce
 2             data needed to evaluate pesticide tolerances so that
 3             USEPA can avoid making faulty final pesticide
 4             tolerance determinations based upon unrealistic
 5             default assumptions;
 6   
 7        (3)  Implement the FQPA in a manner that will not
 8             adversely disrupt agricultural production nor
 9             adversely affect the availability, diversity of the
10             food supply, nor jeopardize the public health or
11             environmental quality through the needless
12             reassessment of pesticide tolerances for
13             non-agricultural activities; and
14   
15        (4)  Delay the August 1999, deadline until 2001 or until
16             the USEPA, USDA, industry leaders and manufacturers
17             can provide science-based data as to use,
18             application, and residue of the pesticides under
19             review;
20   
21   and
22   
23        BE IT FURTHER RESOLVED that the Legislature of the State
24   of Hawaii respectfully requests that pesticide registrants and
25   the U.S. Environmental Protection Agency support minor use
26   registrations by reserving a meaningful portion of the risks
27   projected from the use of a pesticide or a class of pesticides
28   for minor uses; and
29   
30        BE IT FURTHER RESOLVED that certified copies of this
31   Concurrent Resolution be transmitted to the Speaker of the U.S.
32   House of Representatives, President of the U.S. Senate, members
33   of Hawaii's congressional delegation, the Administrator of the
34   USEPA, the Secretary of the U.S. Department Agriculture, the
35   Governor of Hawaii, the American Crop Protection Association,
36   the American Farm Bureau Federation, and Responsible Industry
37   for a Sound Environment.