56              
HOUSE OF REPRESENTATIVES             H.R. NO.              
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

URGING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO
   IMPLEMENT THE 1996 FOOD QUALITY PROTECTION ACT USING SOUND
   SCIENCE AND REAL-WORLD DATA FROM THE DATA CALL-IN PROCESS
   FOR REALISTIC RISK ASSESSMENTS.



 1       WHEREAS, the safe, responsible use of pesticides for
 2   agricultural, food safety, structural, public health,
 3   environmental, and other purposes has significantly advanced
 4   the overall welfare of Hawaii's citizens and the environment;
 5   and
 6   
 7       WHEREAS, the 1996 Food Quality Protection Act (FQPA)
 8   establishes new safety standards that pesticides must meet to
 9   be newly registered or remain on the market; and
10   
11       WHEREAS, the FQPA requires the U.S. Environmental
12   Protection Agency (USEPA) to ensure that all pesticide
13   tolerances meet these new standards by reassessing one-third of
14   the 9,700 current pesticide tolerances by August 1999, and all
15   current tolerances in ten years; and
16   
17       WHEREAS, risk determinations based on sound science and
18   reliable real-world data are essential for accurate decisions,
19   and the best way for USEPA to obtain this data  is to require
20   its development and submission by the registrants through the
21   data call-in process; and
22   
23       WHEREAS, risk determination made in the absence of
24   reliable, science-based information is expected to result in
25   the needless loss of pesticides and certain uses of other
26   pesticides; and
27   
28       WHEREAS, the needless loss of pesticides and certain
29   pesticide uses will result in fewer pest control options for
30   Hawaii and would be harmful to the economy of Hawaii by
31   jeopardizing agriculture, one of the few industries that has
32   shown great strength during the recent years of the state's
33   flat economy, and fewer pest control options for urban and
34   suburban uses that will result in significant loss of personal
35   property and increased human health concerns; and
36   

 
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 1       WHEREAS, the needless loss of pesticides will jeopardize
 2   the state and county government's ability to protect public
 3   health and safety on public property and to protect our natural
 4   environmental resources, for example, from aggressive  alien
 5   species; and
 6   
 7       WHEREAS, the flawed implementation of the FQPA is likely to
 8   result in significant increases in food costs to consumers,
 9   thereby putting the nutritional needs of children, the poor,
10   and the elderly at unnecessary risk; and
11   
12       WHEREAS, the Clinton administration has directed the USEPA
13   and the U.S. Department to jointly work toward implementing the
14   FQPA in a manner that assures that our children will be
15   adequately protected and that risk determinations related to
16   pesticide tolerances and registrations will be based on
17   accurate, science-based information; now therefore,
18   
19       BE IT RESOLVED by the House of Representatives of the
20   Twentieth Legislature of the State of Hawaii, Regular Session
21   of 1999, that the U.S.Congress is hereby respectfully requested
22   to direct the Administrator of the U.S. Environmental
23   Protection Agency to:
24   
25       (1)  initiate rulemaking to ensure that the policies and
26            standards it intends to apply in evaluating pesticide
27            tolerances and making realistic risk determinations
28            are based on accurate information, real-world data
29            available through the data call-in process, and sound
30            science, and are subject to adequate public notice and
31            comment before it issues final pesticide tolerance
32            determinations;
33   
34       (2)  provide interested persons the opportunity to produce
35            data needed to evaluate pesticide tolerances so that
36            USEPA can avoid making faulty final pesticide
37            tolerance determinations based upon unrealistic
38            default assumptions;
39   
40       (3)  implement the FQPA in a manner that will not adversely
41            disrupt agricultural production nor adversely affect
42            the availability, diversity of the food supply, nor
43            jeopardize the public health or environmental quality
44            through the needless loss of pesticide tolerances for
45            non-agricultural activities; and
46   
47       (4)  delay the August 1999 deadline until 2001 or until the
48            USEPA, USDA, industry leaders and manufacturers can

 
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 1            provide science-based data as to use, application and
 2            residue of the pesticides under review.
 3   
 4       BE IT FURTHER RESOLVED, that copies of this Resolution be
 5   transmitted to the Speaker of the U.S. House of
 6   Representatives, President of the U.S. Senate, members of
 7   Hawaii's Congressional delegation, the Administrator of the
 8   USEPA, the Secretary of the U.S. Department Agriculture, and
 9   the Governor of the State of Hawaii. 
10 
11 
12 
13                         OFFERED BY:  ____________________________