PESTICIDE REGULATION ISSUES: LIVING WITH THE DELANEY CLAUSE

Pesticide use is regulated within a complex legal framework that includes the Federal Insecticide, Fungicide, and Rodenticide Act; the Federal Food, Drug, and Cosmetic Act; and other environmental laws. The framework includes risk-benefit rules for some decisions that permit full consideration of comparative performance, cost, and risks of a pesticide and its alternatives before decisions to permit or ban uses. The framework also includes risk-only standards, such as the Delaney Clause, that prohibit such comparisons and can have unintended and undesirable consequences by increasing health or environmental risks while increasing the cost of producing agricultural commodities.