New Export Proposals in the US

United States' pesticides exports of US$2 billion may be affected by proposed legislation, but Greenpeace believes further tightening is needed to prevent hazardous pesticides exports .

Prompted by concern about the impact of pesticides in the Third World, EPA Administrator Carol Browner unveiled changes in export legislation at a hearing of the Subcommittee on Economic Policy, Trade and the Environment of the House Foreign Affairs Committee. The new proposals will: prohibit export of pesticides cancelled or severely restricted for health reasons in the US; require express permission from importing governments for the export of pesticides which have lost registration in the US for environmental reasons;  ensure that pesticides not registered in the US are registered in three countries that have a 'credible regulatory system'; and promote product stewardship in foreign countries by US producers.
    Sandra Marquardt, testifying for Greenpeace before the Committee, expressed disappointment that the proposals are weaker than legislation first proposed in 1990 (though later deleted) under the Farm Bill, which proposed banning the export of pesticides banned for any reason.  Greenpeace is critical of four aspects of the legislation: export of unregistered pesticides; the ambiguity surrounding voluntary cancellations; US technical assistance for safe use of pesticides; and the reliance on testing to prevent imported foods with residues of pesticides banned in the US.

Never-Registered Pesticides
The Administration proposes to permit exports of pesticides which have never been registered in the US if they are registered in three countries with a ‘credible regulatory system’—this generally refers to Member States of the Organisation for Economic Co-operation and Development (OECD).  Industry argues these never-registered pesticides are exported when there is no demand for a product in the US:  either the pest does not exist or the crop on which they are used is not grown.  However some pesticides are not registered in the US because of health or environmental concerns.  Greenpeace cites the herbicide acetochlor, made by Monsanto in Iowa, and primarily exported to Europe (often for re-shipment), the Ukraine, the CIS and Argentina.  Although Monsanto and ICI have been trying to register the product in the US since 1983, the EPA considers it a ‘probable human carcinogen’.

Voluntary cancelled pesticides
While the EPA proposal would prohibit export of pesticides voluntarily cancelled for health reasons, manufacturers frequently cite ‘economic reasons’.  The pesticide propazine is considered a possible human breast carcinogen and ground water contaminant by EPA.  When asked to do further studies, the manufacturer, Ciba Geigy, withdrew the product on the grounds that it would not be economic to carry these out.  Although the EPA may be able to prove this is a withdrawal for health reasons, it could lay itself open to law suits, as the current law (FIFRA) permits companies to state whatever reason they want for withdrawal.

Product stewardship
The EPA is proposing to give $4 million in technical assistance for ‘safe use’ training.  Education for safe use of pesticides is crucial, but also benefits the manufacturers, and many believe it should be paid by the manufacturers and reflected in the price of the product.  Conditions in many countries simply make safe use impossible. Development assistance is better directed to promoting sustainable agricultural production based on non-chemical alternatives.

Food testing
Greenpeace argues that prevention at the source is preferable to testing imported foods for residues of pesticides banned in the US.  The FDA and USDA inspect only 1% of all food shipments and the USDA has only 78 port inspection personnel for 160 official import establishments.

Strong export legislation is supported by a wide range of US organisations, with backing from over 100 consumer, environmental, farming, medical/public health and religious groups.  (BD)

[This article first appeared in Pesticides News No. 23, March 1994, page 14]