CHAPTER 185 HOUSE CONCURRENT RESOLUTION No. 5017 A Concurrent Resolution urging Congress to direct the Environmental Protection
Agency to cease implementation of new restrictions for aluminum and magnesium phos-
phide based grain fumigants and to ensure that risk mitigation allowances for such grain
fumigants are based on sound science and reliable information and to initiate adminis-
trative rulemaking that ensures the Food Quality Protection Act is implemented in a
manner that utilizes sound science and real world data, protects the production, avail-
ability and affordability of food and further urges Congress to conduct oversight hearings
to ensure EPA actions are consistent with Congressional intent.
      WHEREAS,  The agricultural heritage and economy of the State of
Kansas is dependent upon the harvest, storage and transportation of grain;
and

      WHEREAS,  There are 785 grain elevators in Kansas and 65,000 farms
in Kansas, many of which are family-owned operations; and

      WHEREAS,  Kansas grain elevators are valued neighbors to and lo-
cated in close proximity to homes, schools, farms and businesses in most
of all Kansas' communities; and

      WHEREAS,  Kansas grain elevators, feed mills, processors and grow-
ers are committed to protecting the health and safety of applicators and
workers and the wellbeing of the public; and

      WHEREAS,  Grain elevators are located in Kansas communities near
railroads and highways to facilitate the transportation of grain; and

      WHEREAS,  Kansas is a leader in the Nation and in the World in grain
production; and

      WHEREAS,  Kansas grain elevators, feed mills, processors and grow-
ers are committed to producing an adequate safe and high quality food
supply for domestic and world consumers; and

      WHEREAS,  Treaties and established trade relations may require pest-
controlled grain before grain can be exported; and

      WHEREAS,  Insect pests in grain without fumigation treatment could
create health risks and reduce the quality of the grain marketed from
Kansas; and

      WHEREAS,  Aluminum and magnesium phosphide are cost-effective
fumigants used both by commercial elevators and farmers in the storage
of grain in Kansas; and

      WHEREAS,  The Environmental Protection Agency (EPA) acknowl-
edges few, if any, viable alternatives to the use of aluminum and mag-
nesium phosphide exist for fumigation to control pests in stored grain;
and

      WHEREAS,  The current label restrictions for aluminum and mag-
nesium phosphide provide for the safe and effective use of the product;
and

      WHEREAS,  The State of Kansas practices rigorous enforcement of
the label restrictions on fumigants, ensures adequate training of certified
applicators and conducts a fumigation and grain storage project to inspect
the use of fumigants; and

      WHEREAS,  Restrictions in the use of fumigants in grain storage and
transportation should be based only on sound scientific reasoning, avail-
able technology and accurate analysis of risk level and avoid raising undue
public alarm over unsubstantiated or inconsequential risk: Now, there-
fore,

      Be it resolved by the House of Representatives of the State of Kansas,
the Senate concurring therein: That the Congress of the United States
direct the EPA to curtail implementation of new restrictions from its
reregistration eligibility decision (RED) on phosphine gas that would re-
quire a 500-foot buffer zone and other restrictions that effectively pre-
clude the use of aluminum or magnesium phosphide in most Kansas grain
storage facilities and grain transportation; and

      Be it further resolved: That Congress direct the EPA to ensure that
risk mitigation allowances for aluminum and magnesium phosphides are
clearly demonstrated as necessary to protect human health, are based
upon sound science and reliable information, are economically and op-
erationally reasonable and will permit the continued use of these products
in accordance with the label; and

      WHEREAS,  The Food Quality Protection Act of 1996 (FQPA) was
signed into law on August 3, 1996; and

      WHEREAS,  The FQPA institutes changes in the types of information
the Environmental Protection Agency (EPA) is required to evaluate in
the risk assessment process for establishing tolerances for pesticide resi-
dues in food and feed; and

      WHEREAS,  The FQPA was to assure that pesticide tolerances and
policies are formulated in an open and transparent manner; and

      WHEREAS,  The FQPA further emphasizes the need for reliable in-
formation about the volume and types of pesticides being applied to in-
dividual crops and what residues can be anticipated on these crops; and

      WHEREAS,  Risk estimates based on sound science and reliable real-
world data are essential to avoid misguided decisions, and the best way
for the EPA to obtain this data is to require its development and sub-
mission by the registrant through the data call-in process; and

      WHEREAS,  The implementation of FQPA by the EPA could have a
profound negative impact on domestic agriculture production and on con-
sumer food prices and availability; and

      WHEREAS,  The possibility of elimination of these products will result
in fewer pest control options for the United States and Kansas and sig-
nificant disruption of successful integrated pest management programs
which would be devastating to the economy of our state and jeopardize
the very livelihood of many of our agricultural producers; and

      WHEREAS,  The absence of reliable information will result in fewer
pest control options for urban and suburban uses, with potential losses of
personal property and increased costs for human health concerns: Now,
therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Rep-
resentatives concurring therein: That the EPA should be directed by
Congress to immediately initiate appropriate administrative rulemaking
to ensure that the policies and standards it intends to apply in evaluating
pesticide tolerances are subject to thorough public notice and comment
prior to final tolerance determinations being made by the agency; and

      Be it further resolved: That the EPA use sound science and real-world
data from the data call-in process in establishing realistic models for eval-
uating risks; and

      Be it further resolved: That the United States Department of Agri-
culture (USDA) establish FQPA as a priority and that EPA be required
to have reliable pesticide residue data and other FQPA data on the spe-
cific crop affected by any proposed restriction, before, EPA imposes re-
striction of a pesticide under FQPA; and

      Be it further resolved: That the EPA should be directed by Congress
to implement the FQPA in a manner that will not disrupt agricultural
production nor negatively impact the availability, diversity and afforda-
bility of food; and

      Be it further resolved: That Congress should immediately conduct
oversight hearings to ensure that actions by EPA are consistent with
FQPA provisions and Congressional intent; and

      Be it further resolved: That the Secretary of State be directed to send
enrolled copies of this resolution to the President of the United States,
the administrator of the Environmental Protection Agency, the President
of the United States Senate, the Speaker of the United State House of
Representatives, the Secretary of the United States Department of Ag-
riculture and to each member of the Kansas Congressional Delegation.

 Adopted by the House March 30, 1999.
Adopted by the Senate
March 26, 1999.
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