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NTC DELANEY CLAUSE

Release Date: 07/19/96
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NTC DELANEY CLAUSE

FOR RELEASE: FRIDAY, JULY 19, 1996

EPA is revoking the food additive tolerances (maximum allowable residue levels) for four pesticides in six processed foods. The Agency's action is another in a series of actions related to the Delaney clause required by a 1992 U.S. Ninth Circuit Court of Appeals decision.

"Technical requirements that apply only to processed food under the current system require us to take these actions," said Lynn Goldman, EPA Assistant Administrator for Prevention, Pesticides and Toxic Substances. "This Administration long has advocated strengthening protection from pesticide risks by requiring health-based standards for all foods. Fortunately, it now appears that we are seeing real movement toward that important goal in Congress."

Four tolerances are being revoked because they violate the Delaney clause of the Federal Food, Drug, and Cosmetic Act, prohibiting the establishment of tolerances in processed food for pesticides found to induce cancer in man or animals, regardless of the level of risk. These revocations are: 1) acephate in food handling establishments (food processing, food manufacturing and food service establishments such as restaurants); 2) iprodione in dried ginseng and raisins; 3) triadimefon in milled fractions of wheat (except flour).

Two other tolerances are being revoked because they are not needed to prevent adulterated food. The tolerances being revoked because they are not needed are:

1. imazalil in citrus oil and 2) triadimefon in milled fractions of barley (except flour). Processed food tolerances are not needed, and the Delaney clause does not apply when the pesticide used on the raw commodity does not concentrate in the ready-to-eat form of the processed food. Therefore, these revocations of these unnecessary tolerances will not affect continued use of the pesticides on food crops and will not have economic impacts. EPA proposed to revoke these tolerances Jan. 18, 1995. The final revocations will become effective 60 days from publication unless appeals are filed. The final revocations will appear in the Federal Register the week of July 22, 1996. For more information, call Jean Frane at 703-305-5944.

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