First Regular Session
Sixty-second General Assembly
LLS NO. R990923.01 Pam
Cybyske
STATE OF COLORADO
BY REPRESENTATIVE Hoppe;
also SENATOR Hillman.
HOUSE JOINT RESOLUTION 99-1035
CONCERNING THE ENVIRONMENTAL PROTECTION AGENCY'S
RESTRICTIONS ON GRAIN FUMIGANTS.
WHEREAS, The federal Environmental Protection Agency
("EPA") is about to implement new restrictions on the
use of phosphine gas and other restrictions that effectively preclude
the use of aluminum or magnesium phosphide gas in most Colorado
grain storage facilities; and
WHEREAS, Colorado's agricultural heritage and economy
is dependent upon the harvest, storage, and transportation of
grain; and
WHEREAS, There are 131 grain elevators in Colorado,
many of which are family owned operations; and
WHEREAS, There are 25,500 farms in Colorado, 82%
of which are individually or familyowned farm operations;
and
WHEREAS, Colorado grain elevators are valued neighbors
to and located in close proximity to homes, schools, farms, and
businesses in most of Colorado's communities; and
WHEREAS, Colorado grain elevators, feed mills, processors,
and growers are committed to protecting the health and safety
of persons who apply pesticides and other workers, as well as
the public; and
WHEREAS, Grain elevators are located in Colorado
communities near railroads and highways to facilitate the transportation
of grain; and
WHEREAS, Colorado grain elevators, feed mills, processors,
and growers are committed to producing an adequately safe and
high quality food supply for domestic and world consumers; and
WHEREAS, International treaties and established foreign
trade relations may require pestcontrolled grain before
grain can be exported; and
WHEREAS, Insects and other pests in grain without
fumigation treatment could create health risks and reduce the
quality of the grain marketed from Colorado; and
WHEREAS, Aluminum and magnesium phosphide gas are
costeffective fumigants used both by commercial grain elevators
and farmers in the storage of grain in Colorado; and
WHEREAS, The EPA acknowledges that few, if any, viable
alternatives to the use of aluminum and magnesium phosphide gas
exist for fumigation to control pests in stored grain; and
WHEREAS, The federal "Food Quality Protection
Act of 1996" was enacted to change the information the EPA
evaluates in the risk assessment process for establishing tolerances
for pesticide residues in food and feed; and
WHEREAS, The implementation of the "Food Quality
Protection Act of 1996" by the EPA without reliable information
that uses sound scientific data may have a profound negative effect
on domestic agriculture production; and
WHEREAS, The possibility of the elimination of these
products will result in fewer pest control options for Colorado
and a significant disruption of integrated pest management programs
which could be potentially devastating to Colorado's economy and
jeopardize our agricultural producers; and
WHEREAS, The current label restrictions for aluminum
and magnesium phosphide gas provide for the safe and effective
use of the product; and
WHEREAS, Colorado practices rigorous enforcement
of the label restrictions on fumigants, ensures adequate training
of certified applicators and conducts a fumigation and grain storage
project to inspect the use of fumigants; and
WHEREAS, Restrictions in the use of fumigants in
grain storage and transportation should be based only on sound
scientific reasoning, available technology, and an accurate analysis
of risk levels and should avoid raising undue public alarm over
unsubstantiated or inconsequential risks; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtysecond General Assembly of the State of Colorado,
the Senate concurring herein:
(1) That the members of the Sixtysecond General Assembly urge the United State Congress to direct the EPA to:
(a) Curtail implementation of new restrictions
from its Reregistration Eligibility Decision on phosphine gas
that would require a buffer zone of 500 feet and other restrictions
that effectively preclude the use of aluminum or magnesium phosphide
in most Colorado grain storage facilities and grain transportation;
and
(b) Ensure that risk mitigation allowances
for aluminum or magnesium phosphides are clearly demonstrated
as necessary to protect human health, are based on sound science
and reliable information, are economically and operationally reasonable,
and will permit the continued use of such product in accordance
with the label; and
(c) Initiate administrative rulemaking
that ensures the "Food Quality Protection Act of 1996"
is implemented utilizing sound scientific data and protects production,
availability, and affordability of food.
(2) That copies of this resolution be distributed to the President of the United States, the Clerk of the United States House of Representatives, the Secretary of the United States Senate, the Administrator of the EPA, and each member of the Colorado Congressional Delegation.