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Without some statutory restraints, an administrator may be tempted to bypass the tedious route of scientific evaluation when public opinion becomes aroused.

Such swift reaction can be politically expedient, but it can hardly serve the public interest. A TV newscast, or even a public hearing is not the place to make a scientific judgment.

Certainly, the American public is entitled to a clean and healthy environment. No person of goodwill would question that. But the American public is also entitled to share in a strong farm economy that is free to produce abundant crops of a high quality, and that the consumer can buy at a reasonable price. To saddle agriculture with a piece of legislation completely devoid of limitations would be a gross injustice to people who deserve better than this from their Government.

We certainly appreciate your staying so late and hearing us, Senator.

Senator ALLEN. Where are your suggested amendments, Mr. Copeland?

Mr. COPELAND. We have one there for you. And what we have done is gone through the bill and marked it up.

Now, there is an appendix to the bill explaining the reasons for our suggested changes. The benefit-risk is written as a separate situa tion on page 47. Then here is our advisory committee rider. As these attachments explain, we have cross-referenced the bill but we did not have time to prepare a new one on S. 745, as we understand it to be identical to H.R. 4152.

We would be glad to write up S. 745 in the same fashion if you so desire.

Senator ALLEN. That will not be necessary. This can be inserted, then.

We will include it in the record at this point.

Mr. COPELAND. Thank you, Senator.

(The document referred to follows:)

92D CONGRESS 18T SESSION

H. R. 4152

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1971

Mr. POAGE (for himself and Mr. BELCHER) (by request) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To protect the public health and welfare and the environment through improved regulation of pesticides, and for other purposes.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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4

TITLE AND FINDINGS

This Act may be cited as the "Federal Environmental

5 Pesticide Control Act of 1971".

essential

6 The Congress hereby finds that pesticides are valuable of food, fiber and tobacco to our Nation's agricultural production, and to the protec

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8 tior of man and the environment from insects, rodents,

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1 weeds, and other forms of life which may be pests; but it
2 is essential to the public health and welfare that they be
3 regulated closely to prevent adverse effects on human life
4 and the environment, including pollution of interstate and
5 navigable waters; that pesticides are used throughout the
6 Nation and the major portion thereof moves in interstate
7 or foreign commerce; that it is essential in the public-in-
production to use pesticides, and it is essential
8terest to protect the public health and welfare from adverse

food and tobacco

and tobacco

9 effects of pesticide residues on food, which is consumed 10 throughout the Nation and which moves in interstate or

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foreign commerce; and that regulation by the Administra

tor and cooperation by the States and other jurisdictions as 13 contemplated by this Act are appropriate to prevent and 14 eliminate burdens upon interstate or foreign commerce, to

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effectively regulate such commerce, and to protect the public to prevent substantially adverse effects 16 health and welfare and the environment.

on

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DEFINITIONS

SEC. 2. For the purposes of this Act

(a) The term "pesticide" means (1) any substance or
mixture of substances intended for preventing, destroying,

repelling, or mitigating any insects, rodents, nematodes,
fungi, weeds, and other forms of terrestrial or aquatic plant
or animal life or viruses, bacteria, or other micro-organisms,
except viruses, bacteria, or other micro-organisms on or in
living man or other animals, which the Administrator shall

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1 declare to be a pest, and (2) any substance or mixture of 2 substances intended for use as a plant regulator, defoliant or 3 desiccant.

4 (b) The term "device" means any instrument or con5 trivance intended for trapping, destroying, repelling, or 6 mitigating insects, birds, predators, or rodents or destroying, 7 repelling, or mitigating fungi, nematodes, or such other pests

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as may be designated by the Administrator, but not includ9 ing equipment used for the application of pesticides when 10 sold separately therefrom.

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(c) The term "plant regulator" means any substance 12 or mixture of substances, intended through physiological

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action, for accelerating or retarding the rate of growth or

rate of maturation, or for otherwise altering the behavior

of plants or the produce thereof, but shall not include sub

16 stances to the extent that they are intended as plant nutrients,

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trace elements, nutritional chemicals, plant inoculants, and 18 soil amendments.

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(d) The term "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage

to drop from a plant, with or without causing abscission.

(e) The term "desiccant" means any substance or mix

ture of substances intended for artificially accelerating the

drying of plant tissue.

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(f) The term "environment" includes water, air, land, (not including man)

all plants and animals living therein, and the interrelation

3 ships which exist among these.

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(g) The "animal" means all vertebrate and invertebrate 5 species, including but not limited to man and other mammals, 6 birds, fish, and shellfish.

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(h) The term "nematode" means invertebrate animals 8 of the phylum nemathelminthes and class nematoda, that 9 is, unsegmented round worms with elongated, fusiform, or 10 saclike bodies covered with cuticle, and inhabiting soil, water, 11 plants or plant parts; may also be called nemas or eelworms. (i) The term "weed" means any plant which grows 13 where not wanted.

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14 (j) The term "insect" means any of the numerous small 15 invertebrate animals generally having the body more or less 16 obviously segmented, for the most part belonging to the class

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insecta, comprising six-legged, usually winged forms, as, for

example, beetles, bugs, bees, flies, and to other allied classes

19 of arthropods whose members are wingless and usually have

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more than six legs, as, for example, spiders, mites, ticks,

centipedes, and wood lice.

(k) The term "fungi" means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a

lower order than mosses and liverworts) as, for example,

rusts, smuts, mildews, molds, yeasts, and bacteria, except

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