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PA EPA ISSUES TEMPORARY STAY OF CERTAIN DELANEY RELATED REVOCATION ACTIONS

Release Date: 5/17/96
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PA EPA ISSUES TEMPORARY STAY OF CERTAIN DELANEY RELATED REVOCATION ACTIONS

FOR RELEASE: FRIDAY, MAY 17, 1996

EPA ISSUES TEMPORARY STAY OF CERTAIN DELANEY RELATED REVOCATION ACTIONS

In response to petitions from manufacturers and user groups, EPA has issued a temporary stay of the May 21 effective date for final revocation of the following processed food additive tolerances (maximum allowable pesticide residue levels): propargite on tea and dried figs; mancozeb on oat bran; ethylene oxide on ground spices; and propylene oxide on nutmeats, ground spices, cocoa and gums. During the temporary stay, EPA will evaluate the merits of the petitions for stays it has received and determine whether to grant the petitions and if so, for what length of time. On March l8, as part of a series of actions stemming from a l992 U.S. Ninth Circuit Court of Appeals decision concerning the Delaney clause of the Federal Food, Drug and Cosmetic Act, EPA announced final revocation actions for the processed food noted above, subject to objections and requests for stays and hearings. The revocation actions were published in the March 22 Federal Register. The Delaney clause prohibits approval of tolerances for residue in processed foods if a pesticide is found to induce cancer in humans or animals, regardless of the level of risk. EPA does not believe the temporary stays raise public health concerns.

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