February 24, 1996 Volume 18, no. 2
THE DELANEY CLAUSE EXPLAINED
PLOWING THE INTERNET
The National Pesticide Information Retrieval System
Methyl Bromide Is methyl bromide a critical pesticide or a dangerous nuisance
The top ten agricultural pesticides
Voluntary cancellations/use deletions
USDA will start testing milk for pesticide residues
Penalties reduced by 75% if regulated entities voluntarily discover,disclose, or correct violations
Rio Grande Valley to Cancel Boll Weevil Eradication
NEW TOOLS, NEWS YOU CAN USE
NEW 24© LABELS
Command 4EC can now be used in Georgia
Gramaxone Extra can now be used in Georgia
Genetically engineered arthropod
Roundup Ready soybeans
Better viral resistance
A terrorist-like campaign against pesticides
A FREE WPS information sheet
This article may not put your mind completely at ease about the Delaney clause, but at least you will know what you are worried about.
The bottom line comes first (in italics). The following section presents the explanation; read it when you have trouble falling asleep from worrying about the Delaney clause.
Delaney affects certain pesticides on certain crops. A pesticide canceled on apples because of Delaney may not be affected on peaches. Before you panic, check to see if your unique pesticide/crop combination is affected. I have a list of the affected combinations.
Delaney is part of Section 409. If a 409 tolerance is unnecessary, a pesticide can be canceled without affecting the use of the chemical. Out of 36 recent Delaney cancellations, only 2 affected the use of the chemicals.
Worst case estimates ($500 million) do not consider Section 18 exemptions or new 24© labels. Impacts may be reduced by phase-out of affected pesticides.
Only pineapple, sugarcane, and grapes are expected to have impacts greater than 5% of their annual value. About 70% of the impacts are expected to occur on sugarcane, grapes, potatoes, rice, and apples.
In my opinion, all of the recent focus on Delaney and the potential impacts is an attempt to force Congress into action. They are the only ones that can fix it, but Congressional action can be painfully slow without some prodding. Action may be coming soon. Stay informed about the bills that may revise the Delaney clause.
THE DELANEY CLAUSE EXPLAINED
A 408 tolerance is required for all pesticides applied to food. It establishes the pesticide residue that can remain on the raw agricultural commodity (RAC). Commodity is seized if residues exceed tolerance.
Concentration of pesticide residues may occur as commodities (e.g., tomatoes) are concentrated during processing (e.g., tomato paste). Residues concentrating above 408 tolerance need 409 tolerance. Delaney is part of 409.
Delaney prohibits a 409 tolerance for any pesticide found to induce cancer in man or animals. Even 1 part per trillion is too much.
Risks and benefits are considered in 408. Tolerance can be established If cancer risk from a pesticide is very low and the benefits are very high
Risks cannot be considered under 409. A 409 tolerance can NEVER be granted, even If the cancer risks are infinitesimal and the benefits are tremendous.
The flow-through provision allows the 408 tolerance to apply to processed food. If processing does not concentrate the pesticide above the 408 tolerance, a 409 tolerance is unnecessary. The Delaney clause does not apply.
A RAC becomes 'processed' when it is changed from its 'raw or natural state as usually purchased by the consumer or processor'. Dried food are not 'processed' if drying is routinely done to facilitate storage or transportation. Dried foods are 'processed' if drying creates a new product (e.g., grapes to raisins
The EPA coordination policy also cancels the 408 tolerance (for the RAC) whenever a 409 tolerance is canceled because of Delaney. The National Food Processors was unsuccessful in an attempt to change this policy.
If a processed food is not ready-to-eat (RTE), Delaney may not apply. EPA also considers dilution by other components when they calculate whether the pesticide concentration exceeds the 408 tolerance. Citrus rinds or mint oils are processed but not RTE until other ingredients are added. If dilution prevents concentration above the 408 tolerance, Delaney does not apply.
The EPA's first steps have been to identify which crop/pesticide combinations will be affected by Delaney. A pesticide that will canceled on apples may not be canceled on peaches. A pesticide may concentrate in apple processing and not in peach processing; the pesticide may be used early in peaches and near harvest on apples. EPA has also defined 'processed', and begun to cancel 409 tolerances that are unnecessary.
A Senate Bill (s. 1166) is similar. It calls for 1) reform of Delaney, 2) USDA, EPA, and HHS improvement of pesticide data collection to safeguard infants/children, 3) removal of unnecessary burdens placed upon minor use pesticides.
The new catalog (for 1996-7) that lists training sources for recertification credit is being prepared. We plan to copy the catalog for this year, with updates and revisions from you. Please take a look at the blue book entitled, "Training Sources for Recertifying Georgia Pesticide Applicators". If you have any additions, deletions, or other revisions, please contact Detsy Bridges at 706-542-3687. We must have the information by May 1.
This service is free.
The National Pesticide Information Retrieval System (NPIRS), a commercial database of all kinds of information related to pesticide registrations, tolerances, MSDS, etc is now available on-line. Call 317-494-6614 for information about a free trial offer. Consider this service only if you need this kind of information frequently and rapidly. It is not cheap. Otherwise, just call me. I can generally get the information for you for free.
Get your FREE WPS gift. See the last page of the newsletter.
Most growers consider the Ga. Department of Agriculture reasonable in their inspections and judgments. However, some people have been worried that the U.S. Department of Labor was going to levy big fines for WPS violations, even when the Ga. Dept. of Ag. did not. ONLY THE GA. DEPT. OF AGRIC. HAS AUTHORITY OVER WPS IN GA. No other state or federal agency can give you a fine for WPS violations.
The EPA will conduct some public meetings to find out what you think about WPS. I was involved with some similar meetings when I was in EPA, and we were sincere in asking for suggestions to improve the process.
The only meeting close to us was in Florida on Feb. 22. I didn't get the information soon enough to pass it on. However, we can still participate by mail. I can usually organize my thoughts better on paper anyway. If you have something to say about WPS, here is your chance. EPA is asking for comments, discussion, and comments in these areas.
1. Available assistance from regulatory partners and others involved with the WPS.
2. Usefulness of available assistance.
3. Understanding WPS requirements.
4. Success in implementing the requirements.
5. Difficulties in implementing the requirements.
6. Suggestions to improve implementation.
If you have something to say, say it now. Write to:
Field Operations Division
Office of Pesticide Programs (7506C)
Environmental Protection Agency
401 M. St., SW
Washington DC 20460.
Next month, I will send you the FREE list of the pesticide products that have a 4 hr. REI.
Methyl Bromide Is methyl bromide a critical pesticide or a dangerous nuisance of little value? It depends on who you ask.
California reports that the loss of methyl bromide will cause losses of $346 million and 10,000 jobs in that state alone. On the other side, the Pesticide Action Network states that a 1995 international scientific panel found feasible alternatives for more than 90% of methyl bromide use.
The Clinton administration is seeking to amend the Clean Air Act to allow exemptions for methyl bromide in cases where no feasible alternative is available. The Clean Air Act currently mandates a methyl bromide phase-out by 2001. It just so happens that the two states that use the most methyl bromide are California and Florida. These two states carry a lot of electoral votes, and Mr. Clinton would like to have friends in California and Florida in November. Do you think these things could be related?
The partners to the Montreal Protocol (including U.S.) met in December. They agreed to reduce production over the next 15 years with production ending by 2010.
Leonard Gianessi and the National Center for Food and Agricultural Policy have released a report that details pesticide usage in the U.S. The top ten agricultural pesticides in the market are listed below with their annual sales.
Metolaclor (Dual), $451 million
Glyphosate (Round-Up), $447 million
Imazethapyr (Pursuit), $438 million
Trifluralin (Treflan), $205 million
Cyanazine (Bladex), $184 million
Atrazine (Aatrex), $169 million
Chlorpyrifos (Lorsban), $169 million
Dicamba (Banvel), $168 million
Alachlor (Lasso), $166 million
Pendimethalin (Prowl), $152 million
Total U.S. expenditures on crop protection pesticides is estimated to be $7.2 billion (herbicides, $4.7 billion; insecticides, $1.6 billion; fungicides, $600 million; defoliants, growth regulators, etc., $300 million).
Eighteen companies have 94% of all sales; five companies account for 57% of sales. About 60% of all pesticide expenditures are for protection of corn, cotton, and soybeans.
There has been some implication that 2,4 D can cause non-Hodgkin's lymphoma, a group of immune system disorders. Six expert panels concluded that 2,4 D does not cause this
lymphoma, and an EPA-appointed panel thought the data insufficient for a solid conclusion.
With the data set complete, the decision for 2,4 D is expected by the end of the year.
Contact Larry Hammond (DowElanco and Industry Task Force) for additional information. Phone, 317-337-4661
Generally voluntary cancellations and deletions permit the use of existing stocks for a period of time after the effective cancellation date.
USE DELETIONS, effective February 15, 1996
Linex 4L (linuron) on sweet corn, Linex 50 DF (linuron) on sweet corn and cotton.
Safrotin EC (propetamphos), Zoecon 8781 (propetamphos) ,and Zoecon RF-270 EC (Propetamphos) in food processing, meat/poultry plants, food packing/canning plants, and food/feed warehouses.
Fluometuron 80WP Herbicide for sugarcane.
ACECAP97 Systemic Insecticide (acephate) on forests, golf courses, and commercial landscaping.
Albaugh MCPA Amine 4 (MCPA and dimethylamine salt) on rice and flax.
Ametryne 80WP (ametryn) on potatoes and citrus.
MCP Amine (MCPA and dimethylamine salt) on flax and peas.
CANCELLATIONS, effective February 15, 1996
Martins Ear-Tix-Tox Tick Control (C.J. Martin Co.)
Dupont Benlate DF Fungicide (duPont de Nemours and Co., Inc.)
Prentox Larva-Lur (Prentiss Inc.)
Mylone 99G Soil Fumigant NC (Haco Inc.)
Wilbur Ellis MCPA Soduim Salt (Wilbur-Ellis Co.)
Meta-Systox-R-Spray Concentrate (Bayer Corp.
Furadan 4 Flowable (Bayer)
CSA Screwworm Spray (IQ Products)
Fusilade 2000 Herbicide (Zeneca Ag. Prod.)
Tolerances will be canceled for Surflan (oryzalin) in cottonseed, barley grain, wheat grain, peas, potatoes, and soybeans. The uses that generated these tolerances have not been registered since 1987.
Some groups are really upset about the loss of dichlorvos (DDVP), which is being canceled for use on nearly all sites (see last month for details). Pesticide and Toxic Chemical News reported that their is a critical need for DDVP to protect museum pieces, including animal mounts, uniforms, whale baleen, and many other articles. Irreplaceable articles may be threatened. On the other side, however, museum workers reportedly lack the expertise to use DDVP safely and according to label directions.
Closer to home, the National Peanut Council stated that the peanut industry would suffer additional insect infestation and increased risk from aflatoxin contamination.
Finally, the National Pest Control Association reported that DDVP is the most efficient method to control pests of cereal products in food/feed warehouses. They accuse EPA of assuming that other alternatives are equally effective without supporting data.
When I was in EPA, a friend compiled much of the data concerning the benefits of DDVP. The NPCA accusation is true. Because there were no data to indicate otherwise, my friend was told to assume that other alternatives, such as pyrethrins, were just as effective as DDVP. Naturally, the benefits of DDVP would be quite low if you assume that other products are just as good. Moral: collect information that will demonstrate the benefits of pesticides that are important to you. My friend wanted to base his benefits assessment on facts rather than assumptions, but the data were simply not available.
In the last quarter of 1995, FDA tested animal feeds for a variety of pesticide residues. For all samples, both domestic and imported, NONE of the samples were above tolerance. Not even one. Spread it around!
Growers receive only 26 cents out of every dollar spent on food eaten at home, according to The Kiplinger Agric. Newsletter. For restaurant food, the grower receives only 16 cents. The producers' share has fallen from 32 cents for each dollar spent in 1970. Who is getting all the money? Marketers, processors, transporters, and sellers.
USDA will start testing milk for pesticide residues. Because infants and children consume a great deal of milk, EPA has requested that USDA conduct residue sampling for at least two years. The results will be published in 1998.
The EPA announced that they will reduce penalties by 75% if regulated entities voluntarily discover, disclose, and correct violations. Additionally, they will not recommend such cases for criminal prosecution. This policy will not allow anyone to knowingly break the law and then disclose it to avoid full penalties.
Pesticide & Toxic Chemical News reports that Office of Pesticide Programs in EPA is short 100 full-time equivalents (100 people working full-time). This shortfall and additional looming budget cuts are expected to hurt the Office's ability to register pesticides on time.
Texas growers voted by a large margin to end the boll weevil eradication program in the lower Rio Grande Valley. Growers feel that the eradication sprays last year were linked to record cotton losses caused by beet armyworms. Boll weevil sprays are believed to have killed natural enemies that help control beet armyworm populations. The Rio Grande vote will not affect the eradication program in other parts of Texas. (Pesticide & Toxic Chemical News, 24:13)
Oxyfluorfen (Goal): established on blackberry and raspberry.
Tebuconazole (Folicur): established on peaches and cherries.
Avermectin B1: established on pears.
Metalaxyl: established in or on clover forage and clover hay.
Neem oil extract: exempted on all greenhouse and terrestrial food crops when used according to good agricultural practices..
Oxyethylene: exempted for growing crops when used at levels no higher than 10% as a wetting agent or granule coating.
Thiodicarb: temporary tolerance extended for leafy vegetables, broccoli, cabbage, and cauliflower. Extension granted until Aug. 15, 1997.
2,4 D: tolerance extended for raw soybeans. Extension granted until Dec. 31, 1998.
NEW 24© LABELS
Command 4EC (clomazone) can now be used in Georgia to control annual grasses and broadleaf weeds in sweet potatoes. The Georgia Department of Agriculture announced the approval of a new 24© label (Special Local Need) last month.
Gramaxone Extra (paraquat) has also received a state label. Gramaxone Extra can be used in Georgia this season as a preplant burndown application for weeds in peanuts.
Premise-75 (imidacloprid) has been registered to control termites. It should be available soon.
Bioguardian is reported to be a non-toxic pesticide that kills fire ants by taking away their below-ground energy source. I don't know exactly what that means, but you can call 1-800-927-1902 for more information.
A new alfalfa germplasm that is resistant to Sclerotinia was reported by Drs. Robert Pratt and Dennis Rowe. They expect their development to serve as a valuable new supply of resistance for breeding new commercial cultivars (USDA).
A new moisture sensing planter has been developed by Dr. Lyle M. Carter has developed a. The invention attaches to a planter or other tractor-mounted tool. Using electricity from the tractor battery, the device uses a current between two electrodes to measure soil moisture. This information is used to guide the planter depth to the proper moisture conditions. Even if the amount of soil moved by the planter varies, the amount of soil covering the seed remains constant at the depth set by the operator (USDA).
Georgia and other states should have a little easier time of obtaining Section 18's for Pirate (and possibly other materials) to control beet armyworm. Assembling the necessary information to get the first exemption is usually the difficult part. Obtaining the first Section 18 usually paves the way for subsequent exemptions.
In the first event of its kind, our Florida colleague, Dr. Marjorie Hoy, planned to release a genetically engineered arthropod on February 16. The predatory mite will carry a genetic marker to see if parents will pass the marker to their offspring. Eventually she hopes that mites can become improved predators through genetic engineering.
Don't be too quick to dismiss this group, even if their views seem ludicrous. Many people are just plain scared of genetic engineering. As genetically altered organisms become a larger part of agriculture, it will be our responsibility to address their fears. Stay informed, so you can discuss it with the public effectively.
APHIS is expecting more applications for the release of transgenic arthropods, and they are preparing. Risk assessments will include such things as displacement of native organisms, potential changes in the host/prey of the released organism, transfer of the DNA to other organisms, and increased pesticide use. After the risks are identified, APHIS will examine steps being taken to mitigate those risks.
Roundup Ready soybeans are on the market. Look for Roundup Ready cotton by 1997, corn in about five years.
Better viral resistance will be genetically engineered into a wide variety of crops, including cotton, banana, broccoli, cabbage, cucumber, squash, watermelon, zucchini, etc. There is a reason for the flood of viral resistance. The trait is typically engineered by placing plant viral genes into the plant that express viral coat proteins. The expression of these proteins confers virus resistance. For a while, it was argued that people should not be eating these viral coat proteins. Then, cooler heads realized that many of the plants that we eat already contain plant viruses with these same coat proteins every day.
Liberty Link is expected to be part of the new biotech arsenal. Liberty herbicide is not yet registered in the U.S. It is a broad-spectrum herbicide to control broad leaf weeds. Crops with the Liberty Link gene can be sprayed post-emergence. Liberty is expected to take part of the market from the embattled triazine herbicides. They project that Liberty Link corn, soybeans, and rice will hit the market in 1997, 1998, and 2000, respectively.
Other biotech tools that will available in the near future include cotton resistant to viruses and Buctril herbicide. Soybeans with greater feed/food value are coming. B.t. genes have been inserted into peanuts; better disease resistance is being engineered into peanuts as well. to resistant lepidopteran pests
In my opinion, the release and use of genetically engineered organisms is inevitable. It does no good to wring your hands and hope that the future will not come. I foresee great advances to mankind in every field of endeavor brought about by genetic engineering. However, kudzu remains a creeping reminder of the need to carefully weigh the consequences of our actions.
A terrorist-like campaign has been launched by a group called Food & Water is on a terrorist-like campaign against pesticides. They have placed ads in the New York Times and Supermarket News with very scary messages. Consider the following quote, "Because telling children to eat their vegetables shouldn't be a death sentence." The Produce Marketing Association has asked the Federal Trade Commission to formally investigate this deceptive campaign.
I have asked Food & Water for information to support their contention that pesticides on food were a 'death sentence'. I did not identify myself as the Georgia pesticide coordinator nor tell them what I plan to do with the information. I will keep you abreast of what happens.
I wonder if they know? Many groups like Food & Water advocate organic foods. In California, organic foods with pesticide residues may still be classified as organic if the residues are no more than 10% of the tolerance level. This exemption allows for spray drift from other farms or residues that remained in soils from previous crops.
The California Dept. of Pesticide Regulation monitors produce for pesticide residues. Nearly 90% of the conventionally grown produce had pesticide residues at less than 10% of the tolerance level. In other words, the fruits and vegetables produced with pesticides had residues allowable for produce labeled as organic.
The appearance of any trade name in this newsletter is not intended to endorse that product nor convey negative implications of unmentioned products.
The Georgia Pest Management Newsletter is a monthly journal for Extension agents, Extension specialists, and other interested in pest management news. It provides information on legislation, regulations, and other issues affecting pest management in Georgia.
Do not regard the information in this newsletter as pest management recommendations. Consult the Georgia Pest Control Handbook, other Extension publications, or appropriate specialists for this information.
Your input in this newsletter is encouraged.
If you wish to be added to the mailing list, just call us at 706-542-3687.
Paul Guillebeau, Assistant Professor & Extension Entomologist
As we reported last time, all agriculture workers must receive some basic training before they start work. This requirement can be fulfilled by giving your workers this FREE information sheet (make as many copies as you want). Make sure your workers can read and understand it. Ask workers to fill out the bottom portion for your records.
PESTICIDES MAY ON OR IN PLANTS, SOIL, IRRIGATION WATER, OR DRIFTING FROM NEARBY APPLICATIONS.
TO KEEP PESTICIDES FROM ENTERING YOUR BODY, FOLLOW THESE RULES.
1. Follow directions and/or signs about keeping out of treated or restricted areas.
2. Wash before eating, drinking, using chewing gum or tobacco, or using the toilet.
3. Wear work clothing that protects the body from pesticide residues.
4. Wash/shower with soap and water, shampoo hair, and put on clean clothes after work.
5. Wash work clothes separately from other clothes before wearing them again.
6. Wash immediately in the nearest clean water if pesticides are spilled or sprayed on any part of your body. As soon as possible, shower, shampoo, and change into clean clothes.
Further training will be provided within 5 days.
Employee name (print)______________________________________________
Prepared by Paul Guillebeau, U.Ga. Cooperative Extension Service