,,ii #aafth ,,congress #ast ,session ,s4 #iba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bh1 #bjai ,mr4 ,udall 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,cardin1 ,mrs4 ,feinstein1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,mr4 ,leahy1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,sanders1 ,mr4 ,van ,hollen1 ,mr4 ,whitehouse1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to prohibit the use of chlorpyrifos on food1 to prohibit the registration of pesticides containing chlorpyrifos1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,children1 ,farmers1 and ,farmworkers from ,nerve ,agent ,pesticides ,act of #bjai4 #b4 ,findings ,congress finds as follows3 7#a7 ,in #aiif1 ,congress unanimously passed the ,food ,quality ,protection ,act of #aiif 7,public ,law #ajd-agj2 #aaj ,stat4 #adhi7 7referred to in this section as ,,fqpa71 a comprehensive overhaul of ,federal pesticide and food safety policy4 ,that ,act amended the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 7referred to in this section as ,,fifra7 and the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq471 the laws that govern how the ,environmental ,protection ,agency 7referred to in this section as the ,,epa7 registers pesticides and pesticide labels for use in the ,united ,states and establishes tolerances or acceptable levels for pesticide residues on food4 7#b7 ,the ,,fqpa directs the ,,epa to ensure with reasonable certainty that no harm will result from food1 drinking water1 and other exposures to a pesticide4 ,if the ,,epa cannot make this safety finding1 it must prohibit residues and use of the pesticide on food4 ,the ,,fqpa mandates that the ,,epa must consider children's special sensitivity and exposure to pesticide chemicals and must make an explicit determination that the pesticide can be used with a reasonable certainty of no harm to children4 ,in determining acceptable levels of pesticide residue1 the ,,epa must account for the potential health harm from pre- and postnatal exposures4 ,the economic benefits of pesticides cannot be used to override this health-based standard for children from food and other exposures4 7#c7 ,chlorpyrifos is a widely used pesticide first registered by the ,,epa in #aife4 ,chlorpyrifos is an organophosphate pesticide1 a class of pesticides developed as nerve agents in ,world ,war ,,ii and adapted for use as insecticides after the war4 ,chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase1 an enzyme required for proper nerve functioning4 ,acute poisonings occur when nerve impulses pulsate through the body1 causing symptoms like nausea1 vomiting1 convulsions1 respiratory paralysis1 and1 in extreme cases1 death4 ,based on dozens of peer-reviewed scientific articles1 the ,,epa determined that exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition 7#aj percent or less7 in the mothers could lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children4 7#d7 ,people1 including pregnant women1 are exposed to chlorpyrifos through residues on food1 contaminated drinking water1 and toxic spray drift from nearby pesticide applications4 ,chlorpyrifos is used on an extensive variety of crops1 including fruit and nut trees1 vegetables1 wheat1 alfalfa1 and corn4 ,between #bjjf and #bjab1 chlorpyrifos was applied to more than #ej percent of the ,nation's apple and broccoli crops1 #de percent of onion crops1 #df percent of walnut crops1 and #da percent of cauliflower crops4 7#e7 ,chlorpyrifos is acutely toxic and associated with neurodevelopmental harms in children4 ,prenatal exposure to chlorpyrifos is associated with elevated risks of reduced ,,iq1 loss of working memory1 delays in motor development1 attention-deficit disorders1 and structural changes in the brain4 7#f7 ,there is no nationwide chlorpyrifos use reporting4 ,the ,united ,states ,geological ,survey estimates annual pesticide use on agricultural land in the ,united ,states1 and estimates that chlorpyrifos use on crops in #bjad ranged from #e1jjj1jjj to #g1jjj1jjj pounds of chlorpyrifos4 7#g7 ,in its #bjaf report1 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act ,scientific ,advisory ,panel recognized the growing body of literature with laboratory animals 7rats and mice7 indicating that gestational and_/or early postnatal exposure to chlorpyrifos may cause persistent effects into adulthood along with epidemiology studies which have evaluated prenatal chlorpyrifos exposure in mother-infant pairs and reported associations with neurodevelopment outcomes in infants and children44 7#h7 ,chlorpyrifos has long been of concern to the ,,epa4 ,residential uses of chlorpyrifos ended in #bjjj after the ,,epa found unsafe exposures to children4 ,the ,,epa also discontinued use of chlorpyrifos on tomatoes and restricted its use on apples and grapes in #bjjj1 and obtained no-spray buffers around schools1 homes1 playfields1 day cares1 hospitals1 and other public places1 ranging from #aj to #ajj feet4 ,in #bjae1 the ,,epa proposed to ban all chlorpyrifos food tolerances1 based on unsafe drinking water contamination1 which would end use of chlorpyrifos on food in the ,united ,states4 ,after updating the risk assessment for chlorpyrifos in ,november #bjaf to protect against prenatal exposures associated with brain impacts1 the ,,epa found that expected residues from use on food crops exceeded the safety standard1 and additionally the majority of estimated drinking water exposures from currently allowed uses of chlorpyrifos also exceeded acceptable levels1 reinforcing the need to revoke all food tolerances for the pesticide4 7#i7 ,chlorpyrifos threatens the healthy development of children4 ,children experience greater exposure to chlorpyrifos and other pesticides because1 relative to adults1 they eat and drink more proportional to their body weight4 ,a growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments4 ,in ,november #bjaf1 the ,,epa released a revised human health risk assessment for chlorpyrifos that confirmed that there are no acceptable uses for the pesticide1 all food uses exceed acceptable levels1 with children ages #a to #b exposed to levels of chlorpyrifos that are #adj times what the ,,epa considers acceptable4 7#aj7 ,chlorpyrifos threatens agricultural workers4 ,farm workers are exposed to chlorpyrifos from mixing1 handling1 and applying the pesticide1 as well as from entering fields where chlorpyrifos was recently sprayed4 ,chlorpyrifos is one of the pesticides most often linked to acute pesticide poisonings1 and in many ,states1 it is regularly identified among the #e pesticides linked to the highest number of pesticide poisoning incidents4 ,this is significant given widespread underreporting of pesticide poisonings due to such factors as inadequate reporting systems1 fear of retaliation from employers1 and reluctance to seek medical treatment4 ,according to the ,,epa1 all workers who mix and apply chlorpyrifos are exposed to unsafe levels of the pesticide even with maximum personal protective equipment and engineering controls4 ,field workers are currently allowed to re-enter fields within #a to #e days after chlorpyrifos is sprayed based on current restricted entry intervals on the registered chlorpyrifos labels but unsafe exposures continue on average #ah days after applications4 7#aa7 ,chlorpyrifos threatens families in agricultural communities4 ,rural families are exposed to unsafe levels of chlorpyrifos on their food and in their drinking water4 ,they are also exposed to toxic levels of chlorpyrifos when it drifts from the fields to homes1 schools1 and other places people gather4 ,the ,,epa's #bjaf revised human health risk assessment found that chlorpyrifos drift reaches unsafe levels at #cjj feet away from the edge of the treated field1 and the chemical chlorpyrifos is found at unsafe levels in the air at schools1 homes1 and communities in agricultural areas4 ,the small buffers put in place in #bjab leave children unprotected from this toxic pesticide drift4 7#ab7 ,chlorpyrifos threatens drinking water4 ,the ,,epa's #bjad and #bjaf risk assessments have found that chlorpyrifos levels in drinking water are unsafe4 ,people living and working in agricultural communities are likely to be exposed to higher levels of chlorpyrifos and other organophosphate pesticides in their drinking water4 7#ac7 ,in #bjae1 leading scientific and medical experts1 along with children's health advocates1 came together1 under ,project ,,tendr3 ,targeting ,environmental ,neuro-,developmental ,risks 7referred to in this section as ,,tendr71 to issue a call to action to reduce widespread exposures to chemicals that interfere with fetal and children's brain development4 ,based on the available and peer-reviewed scientific evidence1 the ,,tendr authors identified prime examples of neurodevelopmentally toxic chemicals that can contribute to learning1 behavioral1 or intellectual impairment1 as well as specific neurodevelopmental disorders such as ,,adhd or autism spectrum disorder1 and listed organophosphate pesticides1 among them4 ,in #bjah1 leading scientists involved with ,,tendr published an article in ,,plos ,medicine that found that prenatal exposure to organophosphate pesticides such as chlorpyrifos1 even at low levels that were previously considered safe1 are putting children at risk for cognitive and behavioral deficits and neurodevelopmental disorders4 ,the scientists recommended phasing out chlorpyrifos4 7#ad7 ,in ,august #bjah1 based on overwhelming findings that chlorpyrifos is unsafe for public health1 and particularly harmful to children and farmworkers1 the ,united ,states ,court of ,appeals for the ,ninth ,circuit ordered the ,,epa to move forward with a ban of chlorpyrifos1 stating that the time has come to put a stop to this patent evasion of the law4 ,however1 instead of complying with the court order1 the ,,epa has appealed the ruling4 #c4 ,prohibition on use of chlorpyrifos on food ,section #djb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdb7 is amended by adding at the end the following3 7j7 ,notwithstanding any other provision of law1 if it bears or contains chlorpyrifos1 including any residue of chlorpyrifos1 or any other added substance that is present on or in the food primarily as a result of the metabolism or other degradation of chlorpyrifos4 4 #d4 ,prohibition on registration of pesticides containing chlorpyrifos ,section #c7;f7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7f77 is amended by adding at the end the following3 7#e7 ,prohibition on registration of pesticides containing chlorpyrifos 7,a7 ,in general ,the ,administrator shall not register under this ,act any pesticide containing chlorpyrifos as an active ingredient4 7,b7 ,cancellation of registrations ,the ,administrator shall cancel the registration under this ,act of any pesticide containing chlorpyrifos as an active ingredient4 7,c7 ,administration ,the ,administrator shall carry out subparagraph 7,b7 without regard to sections #f7;a77#a71 #f7;b71 and #ae4 4 #e4 ,pesticides and devices intended for export 7a7 ,in general ,section #ag7;a7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfo7a77 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,notwithstanding and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#c71 notwithstanding 2 7#c7 in the undesignated matter following paragraph 7#a77;,b7 7as so designated71 by striking ,a copy of that statement and inserting the following3 7#b7 ,transmission to appropriate official ,a copy of the statement described in paragraph 7#a77;,b7 2 and 7#d7 by adding at the end the following3 7#c7 ,exception for pesticides containing chlorpyrifos ,paragraph 7#a7 shall not apply to any pesticide containing chlorpyrifos as an active ingredient4 4 7b7 ,conforming amendment ,section #c7;f77#d7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7f77#d77 is amended in the undesignated matter following subparagraph 7,b7 by striking #ag7;a77#b7 and inserting #ag7;a77#a77;,b74 #f4 ,exemption of ,federal and ,state agencies ,section #ah of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfp7 is amended in the first sentence by inserting 7except with respect to any pesticide containing chlorpyrifos as an active ingredient7 after provision of this ,act4