Senator JAMES B. ALLEN, MAILORDER ASSOCIATION OF NURSERY MEN, INC., Chairman, Subcommittee on Agricultural Research and General Legislation, Senate Office Building, Washington, D.C. DEAR SENATOR: I am secretary of the Mailorder Association of Nurserymen, an association consisting primarily of nurserymen who sell nursery stock and related materials by means of a catalog, and their suppliers. More than 200,000,000 catalogs are distributed annually to homeowners and other consumers. You will soon be considering H.R. 10729. Because many "plant regulators" are non-toxic and no useful purpose would be served by publishing these proprietary formulas, we urge you to seriously consider the adoption of an amendment which has been proposed, namely: "Also, the term 'plant regulator' shall not be required to include at all any of such of those nutriment mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health and propagation of plants, and as are not for pest destruction and are non-toxic, non-poisonous in the undiluted packaged concentration." The use of some of this material is considered essential by many nurserymen, and we are concerned that the manufacturer will take them off the market rather than reveal secret formulas. Sincerely, WM. H. WILSON, Senator HERMAN E. TALMADGE, THE AMERICAN FORESTRY ASSOCIATION, Chairman, Senate Committee on Agriculture and Forestry, DEAR SENATOR TALMADGE: Not having been able to appear at the recent hearings on H.R. 10729, relating to the regulation of pesticides, we ask that this brief letter be included in the printed hearing record. We are concerned that the term "plant regulator" as now defined in the F.I.F.R. Act, is apparently being interpreted by the Environmental Protection Agency in a manner inconsistent with original Congressional intent and logical purpose, and inconsistent, too, with long-standing Department of Agriculture policy which has held that certain vitamin-hormone proprietary material is not subject to the Pesticide Act. We urge that the language be amended to the Pesticide Act which clarifies this point. The language should make it clear that non-toxic nutriment mixtures or soil amendments known as vitamin-hormone horticultural products, intended for improvement, propagation and survival of plants, and not for pest destruction, shall not be required to be included in the definition of "plant regulator" subject to the act. These products play an important role in tree propagation and reforestation programs. To inadvertenty hamper their usefulness through unnecessary procedural requirements will serve no public safety purpose and will in the long run hinder badly needed reforestation efforts. Thank you for your consideration of this matter. RICHARD PARDO, Administrative Assistant. AMERICAN INSTITUTE OF LANDSCAPE ARCHITECTS, The Honorable JAMES B. ALLEN, Chairman, Agricultural Research and General Legislation Subcommittee, Senate Office Building, Washington, D.C. DEAR SENATOR ALLEN: I am writing to you in connection with the FIFR Pesticide Act, H.R. 10729. The American Institute of Landscape Architects feels that some clarification is needed within the act. We are, therefore, enclosing a proposed amendment which we feel would accomplish this purpose. Thank you in advance for any assistance you are able to render. Yours sincerely, F. J. MACDONALD, Executive Vice President. PROPOSED AMENDMENT TO FIFR PESTICIDE ACT, H.R. 10729 Add to paragraph (v) p. 15, line 2: "Also, the term 'plant regulator' shall not be required to include at all any of such of these nutriment mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health and propagation of plants, and as are not for pest destruction and are non-toxic, non-poisonous in the undiluted packaged concentration." (Or, alternatively, more briefly: in paraghph (v), page 14, line 24: insert after word "but" the words "shall not include at all any harmless compound for healthful physiological action and not for pest destruction, and”.) NATIONAL RECREATION AND PARK ASSOCIATION, Hon. JAMES B. ALLEN, Our interpretation of this section, particularly line 24, et seq., is that nutriment mixture or soil amendment products, including those commonly known as vitamin-hormone horticultural products, that are certified to be non-toxic in nature and the purpose of which is to improve, maintain, or aid in the survival, health or propagation of plants, shall not be subject to regulation or control under the Federal Insecticide, Fungicide and Rodenticide Act or other "pesticide" law designed to regulate the sale, shipment or use and negative effects of other, toxic substances. If the above is not the interpretation of your subcommittee, then we urge full consideration of appropriate amendments which would clearly exempt non-toxic substances from federal regulation. On the other hand, we would similarly urge this amendment consideration such as through the "Plant Regulator Clarification Amendment," if your Subcommittee believes that it is needed and would be valuable as a clarifying guideline for the U.S. administrative agency, as well as for other jurisdictions that are asked to pattern after the FIFR Act. Sincerely, DWIGHT F. RETTIE, |