As Amended by Senate Committee
         
As Amended by House Committee
         
Session of 1999
         
House Concurrent Resolution No. 5017
         
By Committee on Agriculture
         
2-2
         
11             A  CONCURRENT  RESOLUTION urging Congress to direct the En-
12             vironmental Protection Agency to cease implementation of new re-
13             strictions for aluminum and magnesium phosphide based grain fumi-
14             gants and to ensure that risk mitigation allowances for such grain
15             fumigants are based on sound science and reliable information and to
16             initiate administrative rulemaking that ensures the Food Quality
17             Protection Act is implemented in a manner that utilizes sound
18             science and real world data, protects the production, availability
19             and affordability of food and further urges Congress to conduct
20             oversight hearings to ensure EPA actions are consistent with
21             Congressional intent.
22      
23             WHEREAS,  The agricultural heritage and economy of the State of
24       Kansas is dependent upon the harvest, storage and transportation of grain;
25       and
26             WHEREAS,  There are 785 grain elevators in Kansas and 65,000 farms
27       in Kansas, many of which are family-owned operations; and
28             WHEREAS,  Kansas grain elevators are valued neighbors to and lo-
29       cated in close proximity to homes, schools, farms and businesses in most
30       of all Kansas' communities; and
31             WHEREAS,  Kansas grain elevators, feed mills, processors and grow-
32       ers are committed to protecting the health and safety of applicators and
33       workers and the wellbeing of the public; and
34             WHEREAS,  Grain elevators are located in Kansas communities near
35       railroads and highways to facilitate the transportation of grain; and
36             WHEREAS,  Kansas is a leader in the Nation and in the World in grain
37       production; and
38             WHEREAS,  Kansas grain elevators, feed mills, processors and grow-
39       ers are committed to producing an adequate safe and high quality food
40       supply for domestic and world consumers; and
41             WHEREAS,  Treaties and established trade relations may require pest-
42       controlled grain before grain can be exported; and

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  1             WHEREAS,  Insect pests in grain without fumigation treatment could
  2       create health risks and reduce the quality of the grain marketed from
  3       Kansas; and
  4             WHEREAS,  Aluminum and magnesium phosphide gas are cost-effec-
  5       tive fumigants used both by commercial elevators and farmers in the
  6       storage of grain in Kansas; and
  7             WHEREAS,  The Environmental Protection Agency (EPA) acknowl-
  8       edges few, if any, viable alternatives to the use of aluminum and mag-
  9       nesium phosphide exist for fumigation to control pests in stored grain;
10       and
11             WHEREAS,  The current label restrictions for aluminum and mag-
12       nesium phosphide gas provide for the safe and effective use of the prod-
13       uct; and
14             WHEREAS,  The State of Kansas practices rigorous enforcement of
15       the label restrictions on fumigants, ensures adequate training of certified
16       applicators and conducts a fumigation and grain storage project to inspect
17       the use of fumigants; and
18             WHEREAS,  Restrictions in the use of fumigants in grain storage and
19       transportation should be based only on sound scientific reasoning, avail-
20       able technology and accurate analysis of risk level and avoid raising undue
21       public alarm over unsubstantiated or inconsequential risk: Now,
22       therefore,
23             Be it resolved by the House of Representatives of the State of Kansas,
24       the Senate concurring therein: That the Congress of the United States
25       direct the EPA to curtail implementation of new restrictions from its
26       reregistration eligibility decision (RED) on phosphide phosphine gas
27       that would require a 500-foot buffer zone and other restrictions that ef-
28       fectively preclude the use of aluminum or magnesium phosphide in most
29       Kansas grain storage facilities and grain transportation; and
30             Be it further resolved: That Congress direct the EPA to ensure that
31       risk mitigation allowances for aluminum and magnesium phosphides are
32       clearly demonstrated as necessary to protect human health, are based
33       upon sound science and reliable information, are economically and op-
34       erationally reasonable and will permit the continued use of these products
35       in accordance with the label; and
36             WHEREAS,  The Food Quality Protection Act of 1996 (FQPA)
37       was signed into law on August 3, 1996; and
38             WHEREAS,  The FQPA institutes changes in the types of infor-
39       mation the Environmental Protection Agency (EPA) is required to
40       evaluate in the risk assessment process for establishing tolerances
41       for pesticide residues in food and feed; and
42             WHEREAS,  The FQPA was to assure that pesticide tolerances
43       and policies are formulated in an open and transparent manner;

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  1       and
  2             WHEREAS,  The FQPA further emphasizes the need for reliable
  3       information about the volume and types of pesticides being applied
  4       to individual crops and what residues can be anticipated on these
  5       crops; and
  6             WHEREAS,  Risk estimates based on sound science and reliable
  7       real-world data are essential to avoid misguided decisions, and the
  8       best way for the EPA to obtain this data is to require its develop-
  9       ment and submission by the registrant through the data call-in pro-
10       cess; and
11             WHEREAS,  The implementation of FQPA by the EPA could have
12       a profound negative impact on domestic agriculture production and
13       on consumer food prices and availability; and
14             WHEREAS,  The possibility of elimination of these products will
15       result in fewer pest control options for the United States and Kansas
16       and significant disruption of successful integrated pest management
17       programs which would be devastating to the economy of our state
18       and jeopardize the very livelihood of many of our agricultural pro-
19       ducers; and
20             WHEREAS,  The absence of reliable information will result in
21       fewer pest control options for urban and suburban uses, with po-
22       tential losses of personal property and increased costs for human
23       health concerns: Now, therefore,
24             Be it resolved by the Senate of the State of Kansas, the House of Rep-
25       resentatives concurring therein: That the EPA should be directed by
26       Congress to immediately initiate appropriate administrative rule-
27       making to ensure that the policies and standards it intends to apply
28       in evaluating pesticide tolerances are subject to thorough public
29       notice and comment prior to final tolerance determinations being
30       made by the agency; and
31             Be it further resolved: That the EPA use sound science and real-
32       world data from the data call-in process in establishing realistic
33       models for evaluating risks; and
34             Be it further resolved: That the United States Department of Ag-
35       riculture (USDA) establish FQPA as a priority and that EPA be
36       required to have reliable pesticide residue data and other FQPA
37       data on the specific crop affected by any proposed restriction, be-
38       fore, EPA imposes restriction of a pesticide under FQPA; and
39             Be it further resolved: That the EPA should be directed by Con-
40       gress to implement the FQPA in a manner that will not disrupt ag-
41       ricultural production nor negatively impact the availability, diver-
42       sity and affordability of food; and
43             Be it further resolved: That Congress should immediately conduct

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  1       oversight hearings to ensure that actions by EPA are consistent with
  2       FQPA provisions and Congressional intent; and
  3             Be it further resolved: That the Secretary of State be directed to send
  4       enrolled copies of this resolution to the President of the United States,
  5       the administrator of the Environmental Protection Agency, the
  6       President of the United States Senate, the Speaker of the United State
  7       States House of Representatives, the Secretary of the United States
  8       Department of Agriculture and to each member of the Kansas Con-
  9       gressional Delegation.
10