"Let the bells ring out. The Delaney Clause is no more. On August 3, President Clinton signed into law the Food Quality Protection Act of 1996 (FQPA) which wipes out the Delaney Clause, an ill-conceived piece of legislation out of date almost the moment it was passed. That was in 1958. For what seems like literally decades, the industry - and EPA - have been trying to 'fix' Delaney. Now it's finally happened.

Is it a good fix? Nothing is ever positive until the regulations are actually written, but as outlined in the new act, the answer is 'yes.' The clause establishes a single, health-based standard for all pesticide residues in both raw and processed foods. But it should also be noted that the new law requires that tolerances be 'safe,' as defined as 'a reasonable certainty of no harm will result from aggregate exposure,' including all exposures through the diet and other non-occupational exposures, including drinking water, for which there is reliable information.

But elimination of Delaney is just one segment of the FQPA, which provides some of the most significant changes in food safety and pesticide laws in decades….and… promise to be far-reaching in their impact…

Looking at the FFDCA first, the act requires:

• EPA to make a 'specific determination' that pesticide tolerances are safe for infants and children, taking into account food consumption patterns…

• Consideration of possible endocrine effects…

• Within 10 years, EPA must re-evaluate all tolerances now on the books by the new procedures…

Key changes to FIFRA include:

• Extension of EPA authority to collect fees to pay for reregistration of older pesticides and an increase in fees from $14 million to $16 million (between 1998 and 2000).

• Incentives to encourage registration of pesticides for use on crops of less than 300,000 acres nationally, including waiving certain data requirements and extending exclusive use of data to support original registration.

• Expedited review of safer pesticides.

Congress has spoken. Now its up to the EPA to translate this legislation into regulation. How the FQPA is interpreted will determine its true impact. ACPA [American Crop Protection Association] will be keeping a watchful eye.

Let's not forget the lesson of Delaney. It takes a 1000-fold more work to change a law than it does to create a law. Keep informed on pending legislation - be it federal, state, or local - and be vocal in your support or opposition. Silence won't influence how laws are written."

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