DELANY and ADDITIVES

[Teige Davidson <tdavidso@emerald.tufts.edu>]

Hello SANETERs

I have been reviewing the Food Quality Protection Act and its changes to
the Delaney. 

First of all, the FQPA only pertains to pesticides and the Delaney Clause
no longer applies. This everyone knows.

Second, infants and children's dietary consumption of pesticides will be
considered when setting tolerances and a 10 fold increase in safety will
be applied if deemed necessary.

Question.

Since the Delaney clause no longer applies to pesticides, does this mean
that it also no longer applies to food additives?

Does the text of the FQPA get added to public law or does it replace the
law, i.e. has the Delaney clause been modified to no longer apply to
pesticides, but still apply to food additives or has it been wiped cleanly
from the books?

If the former is the case, the Delaney clause still exists, and Les vs.
Reilly (replace with the FDA adminstrator) could happen again. Also, we
only have a cancer based standard being applied to our food which would be
ridiculous considering what we now know about endocrine disruptors.

If the latter is the case, what legislation is protecting us from indirect
and direct food additives? The preexisting legislation? 

Does anyone know what the answers are?

I tried lexus nexus, but I am no lawyer. I heard that their is a FOOD LAW
JOURNAL out there which might elaborate on this.



Teige Davidson
Graduate Student
Tufts University
School of Nutrition Science & Policy
Agriculture, Food & Environment Program
Medford, Massachusetts

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