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Pesticide use was removed from the Delaney Clause in 1996 by an amendment to Title IV of the Food Quality Protection Act of 1996 (P.L. 104-170, Sec. 404). The Delaney prohibition appears in three separate parts of the FFDCA: Section 409 on food additives; Section 512, relating to animal drugs in meat and poultry; and Section 721 on color additives.
In 1988 EPA issued an interpretation of the 1958 Delaney Clause that resolved its contradiction with Pesticides Control Amendment (PCA) of 1954. The PCA required EPA to issue tolerances, or maximum acceptable residue levels, for pesticide residues in food.
In 1990, a coalition of environmental groups sued the EPA for failing to enforce the Delaney clause (California ex. rel. Van de Kamp v. Reilly). [4] The Delaney clause, a provision in the Food Additives Amendment of the Federal Food, Drug, and Cosmetic Act, banned all food that contained any trace amount of any pesticide that may cause cancer. [5]
The agency banned the additive in cosmetics in 1990 under the Delaney Clause, a federal law that requires the FDA to ban food additives that are found to cause or induce cancer in humans or animals.
Officials cited a statute known as the Delaney Clause, which requires FDA to ban any additive found to cause cancer in people or animals. The dye is known as erythrosine, FD&C Red No. 3 or Red 3.
But the FDA previously banned red dye No. 3 in cosmetics and topical drugs under the Delaney Clause. And, while the agency notes that studies on humans have not linked red dye No. 3 to cancer in ...
The Delaney clause, initially enacted in 1958, prohibits the FDA from approving food additives shown to cause cancer. [34] At the time of the passage of the amendment, little was known about the carcinogenic propensities of a wide variety of additives. [6]
From 1986 to 1987, Taylor served on a National Academy of Sciences Committee that studied the application of the Delaney Clause in pesticide regulation and participated in a Keystone Center dialogue on pesticide regulation, [16] which contributed to legislation that strengthened safety standards for residues of carcinogenic pesticides in food. [17]