Issue No. 126, August 1996
Open Forum:
In an attempt to promote free and open discussion of issues, The
Agrichemical and Environmental News encourages letters and articles
with differing views. To include an article, contact:
Alan Schreiber, Food and Environmental Quality Laboratory, 100 Sprout Road,
Richland, WA 99352-1643, ph: 509-372-7324, fax: 509-372-7460,
E-mail:
ebechtel@beta.tricity.wsu.edu
or
aschreib@beta.tricity.wsu.edu
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Home Page
Note: The AENews is now accessible from the World Wide Web
via
the Washington State Pesticide Page. The address for the page is:
http://www.wsu.edu:8080/~ramsay
Enter this address carefully, paying close attention to punctuation and spacing (no spaces between parts of the address). Some readers may experience difficulties accessing the site. These are believed to be related to the Internet and to on-line services, not the web site. If you are having a problem accessing the web page, please inform Eric Bechtel (ph: 509-372-7378, fax: 509-372-7460, E-mail: ebechtel@beta.tricity.wsu.edu
Washington's potato planted acreage is estimated at a record 163,000 acres for the 1996 crop, 16,000 acres more than last year, according to the Washington Agricultural Statistics Service (WASS). The previous record acreage for Washington was 152,000 acres in 1994.
Idaho has an estimated 410,000 acres planted to potatoes this year, 10,000 more than the 400,000 acres planted for the 1995 crop. Oregon's planted acreage for 1996 is estimated at 59,500 acres, an increase of 7,500 acres from a year ago. With 632,500 acres planted to potatoes for 1996, the Pacific Northwest accounted for 50.2% of the nation's 1,261,200 acres planted to fall potatoes.
U.S. fall potato acreage was 3% more than last year's 1,223,100. Total harvested acres of U.S. fall potatoes for 1994, 1995 and 1996 were, respectively, 1,208,300 acres, 1,204,500 acres and 1,244,600 acres.
Congress passed and President Clinton signed into law legislation that fundamentally changes pesticide regulation. While the legislation has good and not so good components, the real story is what we do not know about it. See The Food Quality Protection Act and The Food Quality Protection Act: A Trojan Iceberg for more information.
The Washington Agricultural Statistics Service recently released its initial indications for Washington agriculture. The Washington apple crop is predicted to be 5.6 billion pounds, the second largest crop ever. Should this prediction prove true, the state apple crop will represent 52% of all apples produced in the U.S. Bartlett pear production, at 95,000 tons, will be the smallest crop since 1969. Peach production is estimated at 10 million pounds, down 77% from 1995. Cold overwintering weather is responsible for the decrease in production. Grape production is forecast at 156,000 tons, a decrease of 52% from last year. Freeze and frost damage reduced the crop to its lowest levels since 1986. Dry edible beans were planted to 36,000 acres.
There were 36,000 farms in 1996, unchanged since 1994. The average size per farm decreased by three acres to 436 acres. Total farm acres decreased to 15.7 million acres.
A Nevada man faces the possibility of fines and jail time for allegedly spraying bodies of water with a chemical not intended for aquatic application and misrepresenting the actions of his Indiana-based company.
Following investigation by the U.S. Environmental Protection Agency Criminal Investigation Division and the FBI, Carl E. Klene of Las Vegas, Nev., owner of Aquatics Unlimited in New Palestine, Ind., was indicted July 30 on three counts of mail fraud and one count of misuse of a pesticide by the U.S. District Court for the Southern District of Indiana.
Aquatics Unlimited chemically treated ponds, lakes and other bodies of water to control and eliminate unwanted vegetation and algae growth. According to the charges, Klene, to cut expenses and increase profits, allegedly used a brand of pesticide called "Karmex". This pesticide contains diuron, a chemical that is not approved for application to water.
The charges further allege that Klene entered into three-year contracts with his customers and claimed that only pesticides approved for aquatic use by EPA would be applied. Two applications per year were allegedly made during the contract period. By using Karmex, however, all vegetation, not just undesired vegetation, was killed during the first application. Subsequent applications made by Klene's company under the contract allegedly contained only water, even though customers believed they were paying for the application of an approved pesticide.
If convicted of mail fraud, Klene faces a term of up to five years of imprisonment on each count and/or a fine of up to $250,000 on each count. In addition, if convicted of illegal use of a pesticide, Klene faces a term of imprisonment of up to a year and/or a fine of up to $100,000.
The Washington State Commission on Pesticide Registration is accepting proposals to fund research and other activities toward obtaining or maintaining pesticide registrations for critical pest control needs in Washington. For more information, contact the commission web site at http://picol.cahe.wsu.edu/, E-mail to aschreib@beta.tricity.wsu.edu or contact Catherine Daniels at 509-372-7492. The WSCPR has approximately $600,000 in funding to support pesticide registration activities in 1997.
Store Pesticides Safely, a publication listed in the June, 1996, Agrichemical and Environmental News Available Reports as available from USDA Extension Service and EPA, is available free by request from Robert G. Bellinger, Ph.D. at:
Clemson University
Department of Entomology
105 Long Hall
Box
340365
Clemson, SC
Bob_Bellinger@quickmail.clemson.edu
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The Environmental Protection Agency proposed in the June 26, 1996, Federal Register the establishment of State Management Plans (SMPs) to prevent pesticide contamination of the nation's ground water resources. The proposed regulation identifies five currently registered pesticides as needing SMPs because of their potential to contaminate ground water. The labels of these five pesticides (atrazine, simazine, cyanazine, alachlor and metolachlor) would be changed to permit their use only in accordance with the terms of an EPA-approved SMP. For a state or Indian reservation without an EPA-approved SMP for a pesticide, sale and use of the pesticide would be illegal.
Alachlor, atrazine, cyanazine, metolachlor and simazine are among the most frequently detected pesticides in ground water nationwide; there have been numerous detections above levels of concern established under EPA's drinking water standards. Although the greatest use of these herbicides is for weed control in corn, certain ones are used in other crops such as potatoes, pod crops, asparagus, ornamentals, fruit and berry crops, and forestry. Based on animal studies, each of the chemicals has been classified as a potential human carcinogen.
An SMP would be developed by a state or tribe to protect ground water from contamination by a certain pesticide. A plan would include an assessment of the risks posed to the state's ground water by a pesticide. Also included would be a description of specific actions the state will take to prevent contamination of ground water resources and its response to contamination if it does occur. EPA proposes that states have 24 months after the rule is final to develop and submit SMPs, six months for EPA to approve them, and a three month start-up period.
Currently in EPA Region 10, Alaska, Idaho, Oregon, Washington, and the Shoshone-Bannock Tribes are developing "generic" SMPs. Generic plans contain the basic SMP approach, which can later be supplemented with actions for specific pesticides.
Although the proposed rule focuses on five pesticides, it would also set the basic SMP requirements for other pesticides that EPA may identify in the future. The Federal Register notice lists several other pesticides that were considered for SMPs but not chosen at this time. In 1988, EPA also proposed (but has not yet finalized a decision) that SMPs be required for the insecticide aldicarb, whose registered uses include potatoes, sugar beets and dry beans.
EPA is soliciting written public comment on the proposed rule. The comment period closes on October 24, 1996. Those wishing a copy of the Federal Register notice and information on how to comment on SMPs, please contact Garrett Wright at USEPA Region 10, 1200 Sixth Avenue (Mail Stop: ECO-084), Seattle, WA 98101, phone: 206-553-1495 or E-mail: wright.garrett@epa.gov
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On July 23, 1996, the U.S. House of Representatives passed the Food Quality Protection Act of 1996 by a unanimous vote of 417 to 0. On July 24, 1996, the act also passed the Senate unanimously without amendment. By July 26, the act was presented to the president, who signed it into law at a White House ceremony on August 3, 1996.
With a stroke of a pen, President Clinton signed into law the most sweeping change to the regulation of pesticides since the 1988 changes to the Federal Insecticide, Fungicide, and Rodenticide Act that resulted in the reregistration of pesticides. It is possible that the 1996 changes could be even more far reaching than those of 1988.
The most unsettling aspect of the new legislation is what we do not know about it. I am calling the Food Quality Protection Act of 1996 a Trojan iceberg. The act resembles a Trojan horse. It has, at first glance, several desirable characteristics, such as the overturning of the Delaney Clause. However, I believe it could ultimately have a much greater negative impact on the cost and production of food. The act can also be referred to as an iceberg. Just as 90% of an iceberg cannot be seen, so will much of the impact of the act remain unknown until EPA, USDA and FDA convert the legislation into regulation. We will not know the full impact of the legislation for several years.
Something that I have found particularly striking about this act is that I have found no one who can tell me the effects of this legislation. NO ONE KNOWS WHAT THIS LEGISLATION MEANS.
Briefly, I will provide some of my thoughts regarding some of the major
points of the act:
For more information on the Food Quality Protection Act, see The Food Quality Protection Act.
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Increasing international scrutiny of agricultural chemicals and ever greater research costs make it more crucial than ever before for hop growers worldwide to cooperate on plant protection research programs, the U.S. representative to the International Hop Growers Congress (IHGC) told attendees at the August, 1996, meeting of the IHGC in Munich.
Norm Batt, an Idaho hop grower, is currently the U.S. representative to most IHGC meetings. He is a past president and current secretary of Hop Growers of America and is a past chairman of the U.S. Hop Industry Plant Protection Committee (USHIPPC).
On behalf of USHIPPC, Batt spoke about the U.S. regulatory process, the status of important chemicals and issues, and the benefits of countries sharing the burden of researching and registering new chemical alternatives.
U.S. agriculture, Batt explained, operates under a regulatory system, similar to one being instituted in Germany, in which a chemical intended for use on a particular crop must be approved specifically, under specific conditions and in certain dosages, for that crop. The industry or manufacturer must specifically request a registration and tolerance for a chemical in combination with the commodity on which it is to be applied and conduct research to develop residue data for that chemical/commodity combination.
For crops with extensive production acreage, growers generally experience little difficulty in convincing chemical manufacturers to research and develop new products. With hops and other small acreage crops, however, the costs of researching and steering a new product through the U.S. Environmental Protection Agency (EPA) registration process often exceed what a manufacturer could expect in profits.
Help in obtaining pesticide registrations for U.S. growers of hops and other minor crops comes from the national IR-4 Program and from organizations of commodity growers. IR-4, a cooperative effort of the U.S. Department of Agriculture and the state university system, provides a network of scientists and laboratories that conducts residue studies on minor crops, ensures that research is done correctly, and prepares data for a registration request to EPA. The U.S. Hop Industry Plant Protection Committee is an organization of hop growers that helps the hop industry organize and set priorities. The committee helps determine which pesticide products address a specific need, obtains manufacturer permission, and then guides the products through the necessary research and regulatory requirements.
Committee priorities have changed during the past year. Establishment of German and U.S. residue standards for abamectin, bifenthrin and imidacloprid has alleviated much pressure on U.S. hop growers. Prior to the U.S. and German determination of maximum residue levels for the three chemicals, U.S. hop growers had few effective products allowed for use in both countries and difficulties in both growing and exporting their crop. The primary focus of the U.S. Hop Industry Plant Protection Committee was to secure emergency exemptions and temporary tolerances to allow a year by year program.
Now, with several effective products available to the industry, committee priorities are more long term and focus on the registration of new alternatives. Should resistance develop to existing products or pesticide regulations change, growers wish to avoid a situation similar to that of a few years ago, when the industry was pursuing European Union acceptance of diazinon. Registrations for bifenthrin and imidacloprid have reduced the urgency of securing European Union acceptance of diazinon, although the issue of E.U. acceptance of a Codex standard is of greater importance than diazinon itself.
The U.S. hop industry seeks not only to maintain the chemicals it has now but to develop alternatives to enhance resistance management and control additional pests and diseases. A product of particular interest to the U.S. and German hop industries is Hexythiazox for spider mite control. EPA is currently considering a German request for an import tolerance, and U.S. growers are requesting a registration so that the chemical might be used on U.S. hops in 1997.
While the chemicals available for use from year to year are becoming less than certain, there are a few things that can be known for sure. Agricultural chemicals will continue to come under increasing scrutiny in all countries, and the cost of research is likely only to increase. For these reasons, it is more crucial now than ever before for hop growers in the U.S., the U.K., Germany and other countries to work together on similar and compatible plant protection research programs. This will accomplish three important objectives. First, working on the same chemicals in several countries and sharing the data should reduce unnecessary duplication and reduce overall costs. Second, having a product registered at the same time in many hop growing countries increases the potential market for a manufacturer and makes the necessary research more cost effective. Third, with the industry coordinating its research priorities, it will be easier for governments to harmonize their regulatory efforts. International cooperation with research and registration of new chemical alternatives makes good business sense.
A few years ago, the U.S. Hop Industry Plant Protection Committee had no choice but to address the immediate needs of growers for a particular growing season. Although the pressure has been relieved, through the registration of chemical alternatives, growers should not rest. They should look for ways to harmonize specific residue standards to facilitate international trade and work on the harmonization of regulations themselves, so that a single substance may be registered simultaneously in both the E.U. and the U.S. At the very least, the U.S. and the E.U. should accept each other's data and not require chemical companies and the hop industry to duplicate research on both continents.
Such an effort has already begun. The U.S., U.K, and German hop industries are working to improve communications and develop as common a research agenda as is practical, considering the different needs of the three countries. The three nations are also sharing data, to avoid duplicative research with limited grower funds. Another part of the joint effort has been to increase the regulatory harmonization between the U.S. and the E.U., so that research and data packages may be exchanged between governments.
International trade is becoming increasingly important for the hop business. Development of economies like Mexico, Brazil and China will mean even more such trade in the future. This growing international sector will provide hop growers with the opportunity and necessity to cooperate on certain issues that transcend national regulation. The establishment of chemical residue standards, not only in domestic markets but also in customers' markets and in international organizations such as the Codex, will require hop growers worldwide to just as the U.S. Hop Industry Plant Protection Committee has done: organize as an industry, set priorities, and move forward in a cooperative, organized manner.
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The following information was taken from a recently signed memorandum of agreement between the three state agencies.
Washington State University Cooperative Extension, the Washington State Department of Ecology, and the Washington State Department of Agriculture plan a Pesticides Partnering Agreement that promises to achieve greater environmental protection and client services at a lower cost to agencies, pesticide users and the public.
Coordinated public outreach and the ability to address messages and mandates collectively instead of separately should increase public involvement, allow the three agencies to make more informed environmental pesticide management decisions and provide their mutual clients with a complete understanding of what is expected of them.
Guiding principles for the agreement will be mutual trust and respect of partners, professionalism, public involvement, responsiveness, efficiency, and resolution of issues at the lowest level possible.
Goals and activities for the partnership are as follows:
Goals
Activities
Washington State University
Cooperative Extension
Harry
Burcalow,
Interim Director of Extension
Washington State
Department of Ecology
Mary
Riveland,
Director
Washington State
Department of Agriculture
Jim Jesernig,
Director
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DOH Review of Pesticide
Incidents Occurring in the Residential Environment From January 1, 1991, through December 31, 1994, the Department of Health (DOH) received initial reports of 679 pesticide-related incidents occurring in the residential environment. These involved the following types of pesticide uses: | ||
Homeowner Use | 545 | |
Commercial Home (e.g., PCO application, tree spray, etc.) | 103 | |
Non-Commercial Home (e.g., janitor, apartment manager) | 31 | |
The following table shows geographic distribution of residential incidents reported from 1991-1994 by counties with more than 20 incidents. | ||
County | Incidents | |
King | 178 | |
Pierce | 93 | |
Snohomish | 55 | |
Spokane | 49 | |
Yakima | 42 | |
Kitsap | 35 | |
Skagit | 25 | |
Thurston | 24 | |
Age of individual involved in definite, probable
or possible incidents was evaluated. Twelve children under 6 years of age
were involved, then there is a fairly even distribution of cases by age from
6-49. After age 50, the numbers by age decrease. Following investigation, the 679 incidents involving 828 individuals were classified as definite-25, probable-128, possible-130, unlikely-89, unrelated-45, asymptomatic-376, unrelated-2 and unknown-33. From January 1, 1993, through December 31, 1994, 50 incidents occurring in the residential environment (involving 73 individuals) were determined to be definitely or probably related to pesticides. These were evaluated for factors contributing to exposure. | ||
Classification | 1993 | 1994 |
Definite | 6 (7 individuals) | 9 (9 individuals) |
Probable | 17 (34 individuals) | 20 (23 individuals) |
Total | 22 (41 individuals) | 28 (32 individuals) |
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(Data for 1995) | |||
Chemical | Area Applied | Applications | Total Applied |
Herbicides: | |||
2,4-D | 14 | 1.4 | 52.6 |
Diuron | 13 | 1.1 | 2.1 |
Glyphosate | 36 | 1.5 | 173.9 |
Paraquat | 24 | 1.3 | 61.4 |
Simazine | 23 | 1.1 | 127.8 |
Insecticides: | |||
Azinphos-methyl | 86 | 3.3 | 774.1 |
Carbaryl | 46 | 1.4 | 290.9 |
Chlorpyrifos | 74 | 1.8 | 592.9 |
Methyl parathion | 24 | 2.2 | 136.5 |
Petroleum distillate | 70 | 1.2 | 8,099.1 |
Propargite | 25 | 1.7 | 184.8 |
Fungicides: | |||
Captan | 42 | 4.5 | 1,049.2 |
Fenarimol | 36 | 2.7 | 19.0 |
Mancozeb | 33 | 3.1 | 733.2 |
Myclobutanil | 53 | 2.3 | 46.7 |
Sulfur | 27 | 2.3 | 1,165.2 |
Ziram | 27 | 2.6 | 641.5 |
Other Chemicals: | |||
Cytokinins | 21 | 1.1 | 2.2 |
Ethephon | 10 | 1.1 | 22.0 |
Gibberellic acid | 22 | 1.2 | 2.3 |
NAA | 40 | 1.4 | 7.1 |
Data to create this table were taken from Agricultural Chemical Usage, 1995 Fruits Summary. USDA National Agricultural Statistics Service and Economic Research Service. July 1996. pp. 38, 39. The table shows a total of 345,200 bearing acres in 1995 for the nine major states of California, Georgia, Michigan, New Jersey, New York, Oregon, Pennsylvania, South Carolina, and Washington. |
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(Data for 1995) | |||
Chemical | Area Applied | Applications | Total Applied |
Herbicides: | |||
2,4-D | 11 | 1.9 | 24.0 |
Glyphosate | 44 | 1.8 | 125.3 |
Paraquat | 17 | 1.5 | 28.2 |
Simazine | 23 | 1.2 | 61.5 |
Insecticides: | |||
Azinphos-methyl | 94 | 3.3 | 474.4 |
Bt (Bacillus thur.)1 | 21 | 2.2 |
|
Carbaryl | 60 | 1.4 | 184.7 |
Chlorpyrifos | 80 | 1.3 | 268.5 |
Malathion | 22 | 1.5 | 53.8 |
Methoxychlor | 21 | 1.5 | 49.1 |
Methyl parathion | 19 | 1.2 | 54.2 |
Oxamyl | 15 | 1.1 | 9.7 |
Petroleum distillate | 77 | 1.0 | 4,098.1 |
Fungicides: | |||
Captan | 10 | 1.2 | 39.3 |
Fenarimol | 26 | 1.7 | 5.1 |
Mancozeb | 13 | 1.3 | 89.1 |
Myclobutanil | 61 | 1.7 | 17.9 |
Sulfur | 27 | 1.5 | 427.1 |
Ziram | 34 | 1.5 | 325.4 |
Other Chemicals: | |||
Cytokinins | 42 | 1.1 | 2.0 |
Ethephon | 20 | 1.1 | 20.2 |
Gibberellic acid | 42 | 1.1 | 2.0 |
NAA | 51 | 1.5 | 4.9 |
NAD | 16 | 1.0 | 1.9 |
Data to create this table were taken from
Agricultural Chemical Usage, 1995 Fruits Summary. USDA National Agricultural
Statistics Service and Economic Research Service. July 1996. p. 48. Bearing
acres in 1995 for Washington totalled 153,000 acres.
1The total applied is not available, because amounts of active ingredient are not comparable between products. |
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After months of searching for the food responsible for a massive outbreak of foodborne illness in Japan, the Japanese Ministry of Health announced this month that sprouted radish seeds have been implicated as the food responsible for the E. coli O157:H7 infections. More than 9,000 people have been infected and nine people have died.
This outbreak is not the first associated with sprouted seeds. In 1995 alfalfa sprouts were implicated in an outbreak of salmonellosis in Oregon, British Columbia, Vermont and Denmark. In 1994 contamination of alfalfa sprouts was blamed on a large outbreak that involved people in 27 states and Finland. These large outbreaks occurring around the world have focused attention on how sprouts get contaminated and on ways to control the risks of illness.
If seed are contaminated with small levels of pathogenic bacteria such as Salmonella or E. Coli O157:H7, the sprouted vegetable seeds can contain very high levels of the bacteria, sufficient to produce illness. This is because bacteria reproduce extremely rapidly when they have optimum levels of moisture and warmth, such as the conditions necessary for germination and sprouting. For example, research conducted at the University of Georgia found that Salmonella levels increased from 1,000 cells per gram in the seed to 10 million cells per gram following germination and sprouting (which involves keeping the seeds warm and moist for 5-7 days).
Sprouts are rarely cooked or even washed prior to eating, so any bacteria that grow during the sprouting process are consumed with the sprout. Hideaki Nishimura, a Japanese student at the Food and Environmental Quality Laboratory, provided the following description of how radish sprouts are used in Japan:
People in Japan, he said, use radish sprouts (called Kaiware) for salad and serve them with meat and fish. The taste is a little hot and bitter, so small amounts are used with many kinds of foods. It may, for example, be served as a side dish with steak and fish and to top cold Chinese noodles or the Japanese style of pasta. Kaiware is used sometimes also with raw fish dishes (sashimi, sushi). The hotness complements oily fish such as tuna and bonito. Nishimura also said that, "If the source of the E. coli outbreak is Kaiware, the consumption of Kaiware will be decreased in Japan, because we seldom cook Kaiware."
Within hours of the announcement by the Japanese Ministry of Health, major Japanese supermarkets pulled radish sprouts off their shelves. Sprout growers quickly lashed back at the government for pointing the finger at their crop. The Japan Kaiware Association, representing 50 growers nationwide, filed a protest at the Ministry of Health, claiming the evidence was too circumstantial and asking that the Agriculture Ministry declare radish sprouts to be safe.
Since we have watched many other food safety stories unfold, there is a familiar ring to this scenario, even if it is happening in Japan. Government regulators and food safety educators have dual tasks: protection of the lives of people who eat the food and protection of the livelihood of those who produce the food. Our experience from many other food safety "crises" is that the best way for an industry to protect the livelihood of its producers is to quickly take positive steps that send a message that the health of the people who eat the food is at least as important as the livelihood of the food's producers. Denial is almost always counterproductive, even if the targeted food is later absolved of blame. It is also counterproductive to decide, "It's someone else's problem." For instance, the source of the contaminated radish seeds is not known. However, all who produce radish seeds will likely feel the impact; thus, the entire radish seed industry worldwide should respond.
If growers of seed used for human consumption take a proactive stance to assure the safety of their seeds, they will likely be able to preserve the sprouted seed market for their crops. We suggest a two-pronged approach, which involves a careful analysis of how to control contamination of the seeds as well as funding research on effective ways to eliminate any pathogenic bacteria on the seeds.
In the food industry, Hazard Analysis Critical Control Point (HACCP) is the term used for examining each step in the chain of the production of a food, pinpointing the significant safety hazards, and determining the ways to control the hazards. A national committee has used the HACCP approach to determine the ways that pathogens get on fresh produce. An examination of the committee's findings may be helpful in thinking about the potential hazards on seeds for sprouting.
Preharvest, the potential hazards were listed as manure used for fertilizer and bodily waste from wild or domestic animals or humans, contaminated irrigation water, and human handling. Postharvest, the potential hazards include human handling, ice and wash water, wild and domestic animals, transport trucks, and temperature abuse.
Conducting a similar HACCP analysis of each step in the production, storage and transportation of seeds for sprouting is the best way to identify where seeds might become contaminated with pathogenic bacteria. E. coli O157:H7 and Salmonella are most frequently associated with animals and birds. Thus, it is of critical importance to identify places where the seeds may have contact with manure and where rodents and wild birds may have access to the seeds. Could the harvesting equipment or transport trucks be a potential source of contamination? How can these hazards be controlled for seeds which are destined for sprouting? Is there a separate harvesting and transport system for seeds destined for sprouting rather than for planting? If not,should such a separate system be put into place?
In summary, the key question for all people involved in the growing and marketing of seeds and sprouts for human consumption is how to avoid contamination of the seeds and/or how the seeds can be sanitized to kill pathogenic bacteria (and still retain the sprouting ability). We suggest a proactive industry response, using a HACCP-based approach as well as funding research on ways to assure safety of sprouted seeds.
Val Hillers and Richard Dougherty are Extension food specialists at Washington State University.
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This is a summary of selected provisions in the recently passed Food Quality Protection Act. Not all provisions of the act are discussed here.
Title I: Suspension - Applicators
Subtitle A: Suspension
This
provision amends the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
to allow an emergency order suspending a pesticide's registration before
issuing a notice of intent to cancel a registration, if a notice is issued
within 90 days of the suspension order. Should the cancellation notice not
be issued within this time period, the emergency order expires.
Section 103 requires the U.S. Environmental Protection Agency to reassess tolerances during reregistration to ensure that they meet the new safety standard established by the act. Section 104 establishes a Science Review Board to assist EPA's Scientific Advisory Panel. The Panel comments on EPA's proposals to cancel pesticide registrations and on regulations issued under FIFRA.
Eliminated by the act, in Section 106, is the requirement of a five-year mandatory cancellation of a pesticide's registration. This section also revises the provision permitting continued sale and use of existing stocks of suspended or canceled pesticides and establishes a requirement of periodic review of pesticide registration, with a goal of review every 15 years.
Subtitle B: Training for Maintenance Applicators and Service
Technicians
This provision allows the states to establish minimum
requirements for training maintenance applicators and service technicians
and defines those terms.
Title II: Minor Use Crops Protection
Subtitle A: Minor Use Crop
Protection
This provision amends FIFRA to define "minor use" as the
use of a pesticide when: (1) the total U.S. acreage for the crop is less
than 300,000 acres; or (2) EPA determines that the use of the pesticide does
not provide sufficient economic incentive to support the initial or continuing
registration of a pesticide, and either there are insufficient alternatives
available for the pesticide's use, the alternatives to the pesticide pose
greater environmental or health risks, the pesticide plays a significant
part in managing pest resistance, or it will be used in an integrated pest
management (IPM) program.
The provision extends the period of exclusive data use to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and within seven years of commencement of the exclusive use period, up to a total of three additional years for all minor uses registered by EPA.
The provision requires EPA, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required to support a minor use registration, subject to specified conditions. It applies the same extension conditions to data for reregistration and authorizes EPA to modify or revoke the extension under certain circumstances.
The provision permits EPA, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent EPA from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect.
The provision provides for expedited review (generally within 12 months of submission) of applications to support minor use pesticide registration and it sets forth conditions for extensions of registrations for unsupported minor uses.
The provision directs EPA to establish a minor use program and requires a report by EPA's Office of Pesticide Programs regarding minor use pesticide registrations. It also directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a data development grant program, to be funded by a Minor Use Pesticide Data Revolving Fund established in the U.S. Treasury.
Subtitle D: Expedited Registration of Reduced Risk
Pesticides
This provision directs EPA to develop procedures for expedited
review of applications for registration of pesticides whose use may reasonably
be expected to: (1) reduce the risks of pesticides to human health or non-target
organisms: (2) reduce the potential for water or other environmental
contamination; or (3) further IPM strategies.
Title III: Data Collection Activities to Assure the Health
of Infants
and Children and Other Measures
This provision directs the Secretary
of Agriculture, in consultation with EPA and the Secretary of Health and
Human Services, to coordinate the development and implementation of survey
procedures to ensure collection of adequate data on food consumption patterns
of infants and children. It requires residue data collection by the Department
of Agriculture to provide improved surveillance of pesticide residues, including
increased sampling of foods most likely consumed by infants and children.
Sections 302 and 303 direct the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with EPA, implement research, demonstration, and educational programs to support adoption of IPM. The two sections also require Federal agencies to use and promote IPM techniques.
Section 304 revises the definition of "unreasonable adverse effects on the environment" to include human dietary risk from pesticide residues that are inconsistent with the standard determined adequate to protect the public health under the Federal Food, Drug, and Cosmetic Act.
Section 305 directs the Secretary of Agriculture to submit a Report to Congress on the status of Federal pesticides use information gathering activities.
Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act
(FFDCA)
This provision defines "pesticide chemical residue" as a residue
in or on a raw agricultural commodity or processed food or a pesticide chemical
or any other added substance present as a result of a pesticide chemical's
metabolism or degradation.
It requires EPA, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of that pesticide chemical or its residue in or on the food if EPA cancels the registration of the pesticide or modifies it to prohibit the pesticide's use in connection with the food; and (2) suspend any tolerance or exemption upon the suspension of the associated use of the pesticide. It provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from a pesticide application that was lawful at the time of application but for which the tolerance or exemption has since been revoked, suspended or modified.
The provision prohibits a state from establishing a limit on a pesticide chemical residue in or on any food that is not identical to federal requirements, except in the case of tolerances set using benefits considerations or where the state petitions EPA based on compelling local circumstances.
For more information on the Food Quality Protection Act, see The Food Quality Protection Act: A Trojan Iceberg.
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Washington State University is holding a symposium on regional pesticide issues for October 17, 1996, at the Pasco Red Lion.
The all-day symposium, titled Pacific Northwest Pesticide Issues, is intended as education for individuals working with pesticide issues. These include, in particular, consultants, agrichemical industry representatives, grower associations, pest management associations, environmental organizations, educators, and regulators. Certification credit will be available.
Registration is from 7:30 a.m. to 8 a.m. Adjournment is at 4 p.m.
Schedule | |||
7:30-8:00 | Registration & Welcome | Carol Ramsay | Washington State University |
8:15-9:45 | Human and Wildlife Health: | Allan Felsot | Washington State University |
9:45-10:00 | Break | ||
10:00-10:15 | Regulatory Status | Marie Jennings | US EPA, Region X |
10:15-11:15 | Cholinesterase | Sheldon Wagner, MD | Oregon State University |
11:15-11:45 | Cholinesterase Testing: Practicalities | Mike Gempler | WA Growers League |
11:45-1:00 | Lunch | ||
1:00-2:45 | Genetically Modified | To Be Announced | Washington State University |
2:45-3:00 | Break | ||
3:00-4:00 | Food Quality | Alan Schreiber |
|
More information may be obtained from Washington State University Pesticide Education at phone: 509-335-9222, fax: 509-335-1009. Registration is $35 per person to cover lunch, beverages and speaker costs. Checks should be made payable to Washington State University and mailed to Washington State University, Pesticide Education, P.O. Box 646382, Pullman, WA 99164-6382. Enclosed with registration checks should be information including the name(s), company and address of the person(s) wishing to attend. Room reservations at Red Lion are available by calling 1-800-Red-Lion. Government employees must request rooms three weeks in advance, to receive the state rate. |
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The Pesticide Information Center (PIC) at Washington State University
Tri-Cities introduces PICOL (Pesticide Information Center On-Line) a new
database program to provide current information on all pesticides registered
in Washington and Oregon. PICOL replaces the Pesticide Label Information
Retrieval System (PLIRS). Users can find information generated from the PIC
office on the PIC Internet web page at
http://picol.cahe.wsu.edu/
Although information from the WSCPR, AENews and other organizations and publications is free of charge, a subscription is required for the PICOL Label Database and Tolerance Database. The fee is $100 a year pro-rated quarterly. Viewing the results of searches will cost an additional $1 to $2 for either the labels or the tolerances. A detailed description of charges is available on-line.
New users must schedule a phone training session in order to receive their passwords. Those individuals lacking either a computer or access to the Internet may obtain information on pesticide labels by calling the PIC office at 509-372-7492 to request a search. The cost of each search depends on size and complexity, but averages about $10.
For more information about PICOL contact the Pesticide Information Center at (509) 372-7492 or fax (509) 372-7460 or write Washington State University Tri-Cities, 100 Sprout Rd, Richland, Washington 99352.
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1. Must be multiple rinsed, so that no residues remain.
2. Must be clean and dry inside and out, with no apparent odor.
3. Hard plastic lids and slip on lids must be removed.
4. Glue-on labels may remain.
5. The majority of the foil seal must be removed from the spout.
A small amount of foil remaining on the container rim is acceptable.
6. Half pint, pint, quart, one and two-and-a-half-gallon containers
will
be accepted whole.
7. Five-gallon containers will be accepted whole if the lids and bails
are removed.
8. Special arrangements must be made for 30-gallon and 55-gallon
containers, by calling (509) 457-3850 prior to the collection.
Containers not meeting above specifications will not be accepted.
Date | Site | Sponsor/contact | Phone |
| |||
8/27 | Wilbur-Ellis, | Lower Col. Basin |
509-946-5169 |
8/28 | Simplot, | Col. Basin Fieldmen |
|
" | " | John Jensen | 509-765-5663 |
8/29 | Wilbur-Ellis, | Col. Basin |
509-787-3556 |
8/30 8-noon | Wolfkill, Royal City | Wolfkill Feed & Fertilizer Phil Leitz |
509-346-2213 |
" | " | Saddle Mtn. Supply Fouad Shaker | 509-346-2291 |
9/10 8-noon | Wolfkill, Bruce | Wolfkill Feed & Fertilizer Craig Ford | 509-488-3338 |
" | " | Simplot Rich Yaeger | 509-488-2132 |
" | " | Cenex Supply Dick Leavitt | 509-488-5261 |
" | " | Western Farm Service Tony Eglet | 509-488-5227 |
For more information about plastic pesticide container collection, contact:
Steve George
WPCA Recycling Coordinator
31 High Valley View St.
Yakima, WA 98901
(509) 457-3850
or the WAPP web site at
http://www.wsu.edu:8080/~ramsay/wpca.html
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The following tolerances were granted by EPA since the last report (July 1996). These data do not mean that a label has been registered for this use. These pesticides must not be used until a label is registered with EPA or a state department of agriculture.
*Key
A=adjuvant | D=desiccant | D/H=desiccant, herbicide | F=fungicide |
FA=feed additive | FM=fumigant | G=growth regulator | H=herbicide |
I=insecticide | N=nematicide | P=pheromone | V=vertebrate repellent |
IN=inert |
Chemical* | Petitioner | Tolerance (ppm) | Commodity (raw) |
(IN) Potassium citrate | AgrEvo USA | exempt | when used as a chelating agent, pH control |
(IN) Pentaerythritol searates | Wacker Silicones | exempt | when used as an emulsifier |
(F) Triphenyltin hydroxide | EPA | 0.05 | kidney and liver: cattle, goats, hogs, horses, and sheep |
0.05 | pecans | ||
0.05 | potatoes | ||
0.01 | sugar beet, roots | ||
(F) 1-[[2-(2,4-Dichlorophenyl)- 4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole | Ciba- Geigy | 1 | stonefruit group |
(H) Glyphosate | Monsanto | 0.13 | grain crops (except wheat & oats) |
(F) Folpet | EPA | 25 | apples |
25 | avocados | ||
25 | cranberries | ||
15 | cucumbers | ||
5 | grapes | ||
50 | lettuce | ||
15 | melons | ||
15 | onion (dry bulb) | ||
25 | strawberries | ||
25 | tomatoes | ||
(I) Dihydroazadirachtin | AgriDyne | exempt | all raw agricultural commodities when applied as an insect growth regulator and/or antifeedant at 20 gm or less per acre with a maximum of seven applications per growing season |
(IN) Phosphinothricin Acetyltransferase (PAT) and the genetic material necessary for its production (plasmid vector pZ01502) | Northrup King Co. | exempt | corn |
(IN) CP4 Enolpyruvylshikimate- 3-D and the genetic material necessary for its production | Monsanto | exempt | in all plants |
(N) Bacillus thuringiensis CrylA(b) Delta-endotoxin and the genetic material necessary for its production | Monsanto | exempt | in all plants |
cyanazine (Bladex) -- The USEPA has announced the conclusion of the Special Review of cyanazine and EPA's acceptance of requests to voluntarily cancel cyanazine registrations. The registrants of cyanazine products have agreed to phase out cyanazine use until the cancellation date of 12/31/99. The phase-out period will limit the maximum labeled ai per acre per year rate of 6.5 lbs now, to 5 lbs beginning in 1997, 3 lbs beginning in 1998, and 1 lb beginning in 1999. Cyanazine products may be sold and distributed in channels of trade (except by registrants after 12/31/99) through 9/30/02, and used through 12/31/02. Cyanazine is currently registered as an herbicide on corn (field and sweet) and cotton. Notice of the preliminary determination to take this action was noted by the Reregistration Notification Network on 4/15/96.
For additional information, contact:
Mr. Joseph E. Bailey
EPA, Special
Review Branch
Phone: 703-308-8173, Fax: 703-308-8041
E-mail:
bailey.joseph@epamail.epa.gov
triphenyltin hydroxide (TPTH, Du-Ter) -- The USEPA plans to revoke the tolerances for residues of triphenyltin hydroxide (TPTH) on carrots, peanuts and peanut hulls as of 8/9/96. The USEPA received no comments on their proposal. The uses resulting in these residues on carrots and peanuts were canceled in 1991 and 1988, respectively. TPTH is still registered on pecans, potatoes and sugar beets. Written comments or hearing requests, with reference to OPP-300414A, should be submitted to the Hearing Clerk and Public Response Branch at EPA by 8/9/96.
For information, contact:
Ms. Jude Andreasen
EPA, Special Review
Branch
Phone: 703-308-8016
Fax: 703-308-8041
E-mail:
andreasen.jude@epamail.epa.gov
Send
written comments to:
Hearing Clerk (1900)
EPA
Room M3708, 401 M
Street, SW
Washington, DC 20460
E-mail:
opp-docket@epamail.epa.gov
folpet (Phaltan) -- The USEPA plans to revoke the tolerances for folpet residues as of 9/16/96 on blackberries, blueberries, boysenberries, celery, cherries, citrus, crabapples, currants, dewberries, garlic, gooseberries, huckleberries, leeks, loganberries, onions (green), pumpkins, raspberries, shallots, and squash (summer and winter). The proposal for this action was reported by the Reregistration Notification Network on 12/14/94. The registered food uses, except avocados, supported by these tolerances and others have been suspended or canceled since 1987. Avocados remain the only registered food use for this fungicide. The registrant, Makhteshim-Agan, wishes to maintain the remaining tolerances for import purposes on the following nine commodities: apples, cranberries, cucumbers, grapes, lettuce, melons, onions (dry bulb), strawberries, and tomatoes. Written comments or stay petitions, mentioning OPP-300363B, should be sent to the Hearing Clerk at EPA by 8/16/96.
For information, contact:
Mr. Jeff Morris
EPA, Special Review
Branch
Phone: 703-308-8029, Fax: 703-308-8041
E-mail:
morris.jeffrey@epamail.epa.gov
Send
written comments to
Hearing Clerk (1900)
EPA
Room M3708, 401 M Street,
SW
Washington, DC 20460
E-mail:
opp-docket@epamail.epa.gov
The source for this information, the Reregistration Notification Network, is a cooperative effort of USDA-NAPIAP, Interregional Project No. 4 (IR-4), U.S. Environmental Protection Agency (USEPA), and the American Crop Protection Association (ACPA).
For additional information on any reregistration notification, contact the individual(s) listed or contact:
Alan Schreiber
WSU Pesticide Coordinator
100 Sprout Road
Richland,
WA 99352-1643
Phone: 509-372-7324
Fax:
509-372-7460
aschreib@beta.tricity.wsu.edu
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Label restrictions for Special Local Needs in Washington: The following
pesticide uses have been granted label registration by the Washington State
Department of Agriculture under the provision of Section 24(c) amended
FIFRA.
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Contributors to the Agrichemical and Environmental News:
Alan Schreiber, Allan Felsot, Catherine Daniels, Mark Antone, Carol Weisskopf, Eric Bechtel
If you would like to include a piece in a future issue of the Agrichemical and Environmental News, please contact Alan Schreiber. To subscribe to the newsletter, please contact Eric Bechtel.
Contributions, comments and subscription inquiries may be directed to:
Food and Environmental Quality Laboratory, Washington State University,
100 Sprout Road, Richland, WA 99352-1643, ph: 509-372-7378,
fax: 509-372-7460, E-mail:
ebechtel@beta.tricity.wsu.edu.
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