Regulating Pesticides in Food: The Delaney Paradox

摘要

The effect of the Delaney Clause of the Federal Food Drug and Cosmetic Act (FFDCA) on the availability of agricultural pesticides and public health is examined. The statutory framework for setting tolerances and the operation of the tolerance setting process at EPA are reviewed. EPA's method for estimating worst case dietary oncogenic risk, the theoretical maximum residue contribution (TMRC) method is described. The method is used to characterize the nature and distribution of estimated dietary oncogenic risk from 28 oncogenic pesticides allowed for use on food. A unique computerized data base is used to estimate the impact of four regulatory scenarios, or options, on current levels of estimated oncogenic risk, and pesticide use and availability. Detailed appendices examine the legislative history of the Delaney Clause, the computerized data base designed specifically for the report, application of the Delaney Clause to selected pesticides, and innovation in insect and weed control.