Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2019

II 116TH CONGRESS 1ST SESSION S. 921 To prohibit the use of chlorpyrifos on food, to prohibit the registration of pesticides containing chlorpyrifos, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 28, 2019 Mr. UDALL (for himself, Mr. BLUMENTHAL, Mr. BOOKER, Mr. CARDIN, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. HARRIS, Mr. LEAHY, Mr. MARKEY, Mr. MERKLEY, Mr. SANDERS, Mr. VAN HOLLEN, Mr. WHITEHOUSE, and Mr. DURBIN) introduced the following bill; which was read twice and re- ferred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit the use of chlorpyrifos on food, to prohibit the registration of pesticides containing chlorpyrifos, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Children, 4 Farmers, and Farmworkers from Nerve Agent Pesticides 5 Act of 2019’’. 6 SEC. 2. FINDINGS. 7 Congress finds as follows: 8 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 2 •S 921 IS (1) In 1996, Congress unanimously passed the 1 Food Quality Protection Act of 1996 (Public Law 2 104–170; 110 Stat. 1489) (referred to in this sec- 3 tion as ‘‘FQPA’’), a comprehensive overhaul of Fed- 4 eral pesticide and food safety policy. That Act 5 amended the Federal Insecticide, Fungicide, and 6 Rodenticide Act (7 U.S.C. 136 et seq.) (referred to 7 in this section as ‘‘FIFRA’’) and the Federal Food, 8 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the 9 laws that govern how the Environmental Protection 10 Agency (referred to in this section as the ‘‘EPA’’) 11 registers pesticides and pesticide labels for use in the 12 United States and establishes tolerances or accept- 13 able levels for pesticide residues on food. 14 (2) The FQPA directs the EPA to ensure with 15 ‘‘reasonable certainty’’ that ‘‘no harm’’ will result 16 from food, drinking water, and other exposures to a 17 pesticide. If the EPA cannot make this safety find- 18 ing, it must prohibit residues and use of the pes- 19 ticide on food. The FQPA mandates that the EPA 20 must consider children’s special sensitivity and expo- 21 sure to pesticide chemicals and must make an ex- 22 plicit determination that the pesticide can be used 23 with a ‘‘reasonable certainty of no harm’’ to chil- 24 dren. In determining acceptable levels of pesticide 25 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 3 •S 921 IS residue, the EPA must account for the potential 1 health harm from pre- and postnatal exposures. The 2 economic benefits of pesticides cannot be used to 3 override this health-based standard for children from 4 food and other exposures. 5 (3) Chlorpyrifos is a widely used pesticide first 6 registered by the EPA in 1965. Chlorpyrifos is an 7 organophosphate pesticide, a class of pesticides de- 8 veloped as nerve agents in World War II and adapt- 9 ed for use as insecticides after the war. Chlorpyrifos 10 and other organophosphate pesticides affect the 11 nervous system through inhibition of cholinesterase, 12 an enzyme required for proper nerve functioning. 13 Acute poisonings occur when nerve impulses pulsate 14 through the body, causing symptoms like nausea, 15 vomiting, convulsions, respiratory paralysis, and, in 16 extreme cases, death. Based on dozens of peer-re- 17 viewed scientific articles, the EPA determined that 18 exposure during pregnancy to even low levels of 19 chlorpyrifos that caused only minimal cholinesterase 20 inhibition (10 percent or less) in the mothers could 21 lead to measurable long-lasting and possibly perma- 22 nent neurobehavioral and functional deficits in pre- 23 natally exposed children. 24 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 4 •S 921 IS (4) People, including pregnant women, are ex- 1 posed to chlorpyrifos through residues on food, con- 2 taminated drinking water, and toxic spray drift from 3 nearby pesticide applications. Chlorpyrifos is used on 4 an extensive variety of crops, including fruit and nut 5 trees, vegetables, wheat, alfalfa, and corn. Between 6 2006 and 2012, chlorpyrifos was applied to more 7 than 50 percent of the Nation’s apple and broccoli 8 crops, 45 percent of onion crops, 46 percent of wal- 9 nut crops, and 41 percent of cauliflower crops. 10 (5) Chlorpyrifos is acutely toxic and associated 11 with neurodevelopmental harms in children. Prenatal 12 exposure to chlorpyrifos is associated with elevated 13 risks of reduced IQ, loss of working memory, delays 14 in motor development, attention-deficit disorders, 15 and structural changes in the brain. 16 (6) There is no nationwide chlorpyrifos use re- 17 porting. The United States Geological Survey esti- 18 mates annual pesticide use on agricultural land in 19 the United States, and estimates that chlorpyrifos 20 use on crops in 2014 ranged from 5,000,000 to 21 7,000,000 pounds of chlorpyrifos. 22 (7) In its 2016 report, the Federal Insecticide, 23 Fungicide, and Rodenticide Act Scientific Advisory 24 Panel recognized ‘‘the growing body of literature 25 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 5 •S 921 IS with laboratory animals (rats and mice) indicating 1 that gestational and/or early postnatal exposure to 2 chlorpyrifos may cause persistent effects into adult- 3 hood along with epidemiology studies which have 4 evaluated prenatal chlorpyrifos exposure in mother- 5 infant pairs and reported associations with neurode- 6 velopment outcomes in infants and children.’’. 7 (8) Chlorpyrifos has long been of concern to the 8 EPA. Residential uses of chlorpyrifos ended in 2000 9 after the EPA found unsafe exposures to children. 10 The EPA also discontinued use of chlorpyrifos on to- 11 matoes and restricted its use on apples and grapes 12 in 2000, and obtained no-spray buffers around 13 schools, homes, playfields, day cares, hospitals, and 14 other public places, ranging from 10 to 100 feet. In 15 2015, the EPA proposed to ban all chlorpyrifos food 16 tolerances, based on unsafe drinking water contami- 17 nation, which would end use of chlorpyrifos on food 18 in the United States. After updating the risk assess- 19 ment for chlorpyrifos in November 2016 to protect 20 against prenatal exposures associated with brain im- 21 pacts, the EPA found that expected residues from 22 use on food crops exceeded the safety standard, and 23 additionally the majority of estimated drinking water 24 exposures from currently allowed uses of chlorpyrifos 25 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 6 •S 921 IS also exceeded acceptable levels, reinforcing the need 1 to revoke all food tolerances for the pesticide. 2 (9) Chlorpyrifos threatens the healthy develop- 3 ment of children. Children experience greater expo- 4 sure to chlorpyrifos and other pesticides because, 5 relative to adults, they eat and drink more propor- 6 tional to their body weight. A growing body of evi- 7 dence shows that prenatal exposure to very low lev- 8 els of chlorpyrifos can lead to lasting and possibly 9 permanent neurological impairments. In November 10 2016, the EPA released a revised human health risk 11 assessment for chlorpyrifos that confirmed that 12 there are no acceptable uses for the pesticide, all 13 food uses exceed acceptable levels, with children ages 14 1 to 2 exposed to levels of chlorpyrifos that are 140 15 times what the EPA considers acceptable. 16 (10) Chlorpyrifos threatens agricultural work- 17 ers. Farm workers are exposed to chlorpyrifos from 18 mixing, handling, and applying the pesticide, as well 19 as from entering fields where chlorpyrifos was re- 20 cently sprayed. Chlorpyrifos is one of the pesticides 21 most often linked to acute pesticide poisonings, and 22 in many States, it is regularly identified among the 23 5 pesticides linked to the highest number of pes- 24 ticide poisoning incidents. This is significant given 25 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 7 •S 921 IS widespread underreporting of pesticide poisonings 1 due to such factors as inadequate reporting systems, 2 fear of retaliation from employers, and reluctance to 3 seek medical treatment. According to the EPA, all 4 workers who mix and apply chlorpyrifos are exposed 5 to unsafe levels of the pesticide even with maximum 6 personal protective equipment and engineering con- 7 trols. Field workers are currently allowed to re-enter 8 fields within 1 to 5 days after chlorpyrifos is sprayed 9 based on current restricted entry intervals on the 10 registered chlorpyrifos labels but unsafe exposures 11 continue on average 18 days after applications. 12 (11) Chlorpyrifos threatens families in agricul- 13 tural communities. Rural families are exposed to un- 14 safe levels of chlorpyrifos on their food and in their 15 drinking water. They are also exposed to toxic levels 16 of chlorpyrifos when it drifts from the fields to 17 homes, schools, and other places people gather. The 18 EPA’s 2016 revised human health risk assessment 19 found that chlorpyrifos drift reaches unsafe levels at 20 300 feet away from the edge of the treated field, and 21 the chemical chlorpyrifos is found at unsafe levels in 22 the air at schools, homes, and communities in agri- 23 cultural areas. The small buffers put in place in 24 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 8 •S 921 IS 2012 leave children unprotected from this toxic pes- 1 ticide drift. 2 (12) Chlorpyrifos threatens drinking water. The 3 EPA’s 2014 and 2016 risk assessments have found 4 that chlorpyrifos levels in drinking water are unsafe. 5 People living and working in agricultural commu- 6 nities are likely to be exposed to higher levels of 7 chlorpyrifos and other organophosphate pesticides in 8 their drinking water. 9 (13) In 2015, leading scientific and medical ex- 10 perts, along with children’s health advocates, came 11 together, under ‘‘Project TENDR: Targeting Envi- 12 ronmental Neuro-Developmental Risks’’ (referred to 13 in this section as ‘‘TENDR’’), to issue a call to ac- 14 tion to reduce widespread exposures to chemicals 15 that interfere with fetal and children’s brain develop- 16 ment. Based on the available and peer-reviewed sci- 17 entific evidence, the TENDR authors identified 18 prime examples of neurodevelopmentally toxic chemi- 19 cals ‘‘that can contribute to learning, behavioral, or 20 intellectual impairment, as well as specific 21 neurodevelopmental disorders such as ADHD or au- 22 tism spectrum disorder,’’ and listed organophosphate 23 pesticides, among them. In 2018, leading scientists 24 involved with TENDR published an article in PLOS 25 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 9 •S 921 IS Medicine that found that prenatal exposure to 1 organophosphate pesticides such as chlorpyrifos, 2 even at low levels that were previously considered 3 safe, are putting children at risk for cognitive and 4 behavioral deficits and neurodevelopmental dis- 5 orders. The scientists recommended phasing out 6 chlorpyrifos. 7 (14) In August 2018, based on overwhelming 8 findings that chlorpyrifos is unsafe for public health, 9 and particularly harmful to children and farm- 10 workers, the United States Court of Appeals for the 11 Ninth Circuit ordered the EPA to move forward 12 with a ban of chlorpyrifos, stating that ‘‘the time 13 has come to put a stop to this patent evasion’’ of the 14 law. However, instead of complying with the court 15 order, the EPA has appealed the ruling. 16 SEC. 3. PROHIBITION ON USE OF CHLORPYRIFOS ON FOOD. 17 Section 402 of the Federal Food, Drug, and Cosmetic 18 Act (21 U.S.C. 342) is amended by adding at the end the 19 following: 20 ‘‘(j) Notwithstanding any other provision of law, if 21 it bears or contains chlorpyrifos, including any residue of 22 chlorpyrifos, or any other added substance that is present 23 on or in the food primarily as a result of the metabolism 24 or other degradation of chlorpyrifos.’’. 25 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 10 •S 921 IS SEC. 4. PROHIBITION ON REGISTRATION OF PESTICIDES 1 CONTAINING CHLORPYRIFOS. 2 Section 3(f) of the Federal Insecticide, Fungicide, 3 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 4 adding at the end the following: 5 ‘‘(5) PROHIBITION ON REGISTRATION OF PES- 6 TICIDES CONTAINING CHLORPYRIFOS.— 7 ‘‘(A) IN GENERAL.—The Administrator 8 shall not register under this Act any pesticide 9 containing chlorpyrifos as an active ingredient. 10 ‘‘(B) CANCELLATION OF REGISTRA- 11 TIONS.—The Administrator shall cancel the 12 registration under this Act of any pesticide con- 13 taining chlorpyrifos as an active ingredient. 14 ‘‘(C) ADMINISTRATION.—The Adminis- 15 trator shall carry out subparagraph (B) without 16 regard to sections 6(a)(1), 6(b), and 15.’’. 17 SEC. 5. PESTICIDES AND DEVICES INTENDED FOR EXPORT. 18 (a) IN GENERAL.—Section 17(a) of the Federal In- 19 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 20 136o(a)) is amended— 21 (1) by redesignating paragraphs (1) and (2) as 22 subparagraphs (A) and (B), respectively, and indent- 23 ing appropriately; 24 VerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921 kjohnson on DSK79L0C42 with BILLS 11 •S 921 IS (2) in the matter preceding subparagraph (A) 1 (as so redesignated), by striking ‘‘Notwithstanding’’ 2 and inserting the following: 3 ‘‘(1) IN GENERAL.—Except as provided in para- 4 graph (3), notwithstanding’’; 5 (3) in the undesignated matter following para- 6 graph (1)(B) (as so designated), by striking ‘‘A copy 7 of that statement’’ and inserting the following: 8 ‘‘(2) TRANSMISSION TO APPROPRIATE OFFI- 9 CIAL.—A copy of the statement described in para- 10 graph (1)(B)’’; and 11 (4) by adding at the end the following: 12 ‘‘(3) EXCEPTION FOR PESTICIDES CONTAINING 13 CHLORPYRIFOS.—Paragraph (1) shall not apply to 14 any pesticide containing chlorpyrifos as an active in- 15 gredient.’’. 16 [Text truncated for display. 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