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Environmental Law and Policies: Food, Drugs, and Cosmetics

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1. Compare and contrast the purpose and scope of the Federal Insecticide, Fungicide, and Rodenticide Act with the provisions of the Federal Food, Drug, and Cosmetic Act.

2. The Food Quality Protection Act of 1996 repealed the Delaney Amendment; what new provisions of law replaced or substituted for this amendment?

3. Considering the impact of OSHA, should it be considered environmental law? Justify your position.

4. On what substances does the Toxic Substance Control Act focus? Are these substances otherwise subject to regulation? Justify the apparent multiple control efforts. Are they unique to these substances?

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Solution Preview

1. Compare and contrast the purpose and scope of the Federal Incecticide, Fungicide, and Rodenticide Act with the provisions of the Federal Food, Drug, and Cosmetic Act.

The primary focus of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was to provide federal control of pesticide distribution, sale, and use. EPA was given authority under FIFRA not only to study the consequences of pesticide usage but also to require users (farmers, utility companies, and others) to register when purchasing pesticides. Through later amendments to the law, users also must take exams for certification as applicators of pesticides. All pesticides used in the U.S. must be registered (licensed) by EPA. Registration assures that pesticides will be properly labelled and that if in accordance with specifications, will not cause unreasonable harm to the environment.

The Federal Insecticide, Fungicide, and Rodenticide Act provides the basis for regulation, sale, distribution and use of pesticides in the U.S. FIFRA authorizes EPA to review and register pesticides for specified uses. EPA also has the authority to suspend or cancel the registration of a pesticide if subsequent information shows that continued use would pose unreasonable risks. Some key elements of FIFRA include:

• is a product licensing statute; pesticide products must obtain an EPA registration before manufacture, transport, and sale
• registration based on a risk/benefit standard
• strong authority to require data--authority to issue Data Call-ins
• ability to regulate pesticide use through labeling, packaging, composition, and disposal
• emergency exemption authority--permits approval of unregistered uses of registered products on a time limited basis
• ability to suspend or cancel a product's registration: appeals ...

Solution Summary

This solution provides a description of environmental law and policy with respect to food, drugs, and cosmetics. It touches on concepts such as the Federal Insecticide, Fungicide, and Rodenticide Act, the Food Quality Protection Act, and the Toxic Substance Control Act. The solution is a total of 1104 words.

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