Pesticide Legislation: Food Quality Protection Act of 1996 (P.L. 104-170) (CRS Report for Congress)
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| Release Date |
Sept. 11, 1998 |
| Report Number |
96-759 |
| Authors |
Linda-Jo Schierow, Environment and Natural Resources Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
The 104th Congress enacted significant changes to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), governing U.S. sale and use of pesticide products, and the Federal Food,
Drug, and Cosmetic Act (FFDCA), which limits pesticide residues on food. The vehicle of these
changes was H.R. 1627 , the "Food Quality Protection Act of 1996" (FQPA), enacted
August 3, 1996, as P.L. 104-170 . Under FIFRA, the new law will facilitate registrations and
reregistrations of pesticides for special (so-called "minor") uses and authorize collection of
maintenance fees to support pesticide reregistration. Coordination of regulations implementing
FIFRA and FFDCA will be required. Food safety provisions will establish a single standard of safety
for pesticide residue on raw and processed foods; provide information through large food retail stores
to consumers about the health risks of pesticide residues and how to avoid them; preempt state and
local food safety laws if they are based on concentrations of pesticide residues below recently
established federal residue limits (called "tolerances"); and ensure that tolerances protect the health
of infants and children.
Contrary to widespread reports, the FQPA does not repeal the Delaney Clause or amend
FFDCA Section 409: food additives that are not pesticide residues remain subject to the "zero-risk"
Delaney standard. Rather, P.L. 104-170 eliminated the distinction between raw and processed food
tolerances so that all pesticide residues will be regulated under an amended FFDCA Section 408.
New Section 408 requires all tolerances to be "safe," ensuring a "reasonable certainty of no harm"
from pesticides. It authorizes slightly higher residue concentrations on foods when pesticide use
avoids greater health risks to consumers or significant disruptions to domestic production of an
adequate, wholesome, and economical food supply.
The FQPA, as enacted, does not address two issues that were addressed by H.R. 1627 , as introduced and reported in the House, but were deleted before the House and Senate
debates. The FQPA does not include a proposal to federally preempt local pesticide use regulations
which was opposed by several states with laws either authorizing or preempting local regulation. The
FQPA also omits a provision opposed by Indian tribes and the Administration that would have
prohibited tribal enforcement of pesticide use laws on land within tribal boundaries if less than half
that land were owned by the tribe or tribal members.
The FQPA has widespread support in the community of growers, food processors, chemical
suppliers, environmental and consumer advocacy groups, and state government agriculture officials.
The Clinton Administration also generally supports its provisions.
For readers not familiar with the statutes, Appendix A describes key FIFRA and FFDCA
authorities and provisions. Appendix B provides a brief section-by-section summary of P.L. 104-170 .
