As Amended by Senate Committee
Session of 1999
Senate Concurrent Resolution No. 1609
By Committee on Agriculture

10             A  CONCURRENT  RESOLUTION urging Congress to direct the En-
11             vironmental Protection Agency (EPA) to initiate administrative rule-
12             making that ensures the Food Quality Protection Act is implemented
13             in a manner that utilizes sound science and real world data, protects
14             the production, availability and affordability of food and further urges
15             Congress to conduct oversight hearings to ensure EPA actions are
16             consistent with Congressional intent.
18             WHEREAS,  The Food Quality Protection Act of 1996 (FQPA) was
19       signed into law on August 3, 1996; and
20             WHEREAS,  The FQPA institutes changes in the types of information
21       the Environmental Protection Agency (EPA) is required to evaluate in
22       the risk assessment process for establishing tolerances for pesticide resi-
23       dues in food and feed; and
24             WHEREAS,  The FQPA was to assure that pesticide tolerances and
25       policies are formulated in an open and transparent manner; and
26             WHEREAS,  The FQPA further emphasizes the need for reliable in-
27       formation about the volume and types of pesticides being applied to in-
28       dividual crops and what residues can be anticipated on these crops; and
29             WHEREAS,  Risk estimates based on sound science and reliable real-
30       world data are essential to avoid misguided decisions, and the best way
31       for the EPA to obtain this data is to require its development and sub-
32       mission by the registrant through the data call-in process; and
33             WHEREAS,  The implementation of FQPA by the EPA could have a
34       profound negative impact on domestic agriculture production and on con-
35       sumer food prices and availability; and
36             WHEREAS,  The possibility of elimination of these products will result
37       in fewer pest control options for the United States and Kansas and sig-
38       nificant disruption of successful integrated pest management programs
39       which would be devastating to the economy of our state and jeopardize
40       the very livelihood of many of our agricultural producers; and
41             WHEREAS,  The absence of reliable information will result in fewer
42       pest control options for urban and suburban uses, with potential losses of
43       personal property and increased costs for human health concerns: Now,
44       therefore,
45             Be it resolved by the Senate of the State of Kansas, the House of Rep-
46       resentatives concurring therein: That the EPA should be directed by
47       Congress to immediately initiate appropriate administrative rulemaking
48       to ensure that the policies and standards it intends to apply in evaluating
49       pesticide tolerances are subject to thorough public notice and comment
50       prior to final tolerance determinations being made by the agency; and
51             Be it further resolved: That the EPA use sound science and real-world
52       data from the data call-in process in establishing realistic models for eval-
53       uating risks; and
54             Be it further resolved: That the United States Department of Agri-
55       culture (USDA) establish FQPA as a priority and that EPA be required
56       to have reliable pesticide residue data and other FQPA data on the spe-
57       cific crop affected by any proposed restriction, before, EPA imposes re-
58       striction of a pesticide under FQPA; and
59             Be it further resolved: that the EPA should be directed by Congress
60       to implement the FQPA in a manner that will not disrupt agricultural
61       production nor negatively impact the availability, diversity and afforda-
62       bility of food; and
63             Be it further resolved: That Congress should immediately conduct
64       oversight hearings to ensure that actions by EPA are consistent with
65       FQPA provisions and Congressional intent; and
66             Be it further resolved: That the Secretary of State be directed to send
67       enrolled copies of this resolution to the President of the United States,
68       the Vice-President of the United States, the Administrator of the
69       Environmental Protection Agency, the Secretary of the United States
70       Department of Agriculture and to each member of the Kansas Congres-
71       sional Delegation.