Monday, California legislators Senator Barbara Boxer, and Representatives Henry Waxman and Hilda Solis released details of the rule and called on EPA Administrator Stephen Johnson to withdraw the rule, calling it a "profound moral and ethical breach."
"This rule has not been signed by EPA Administrator Stephen Johnson yet. It’s within his power to fix this regulation, and we are calling on him to do so," said Senator Boxer.
In August 2005, Congress enacted a moratorium upon the EPA using human pesticide experiments until strict ethical standards were established. Boxer championed the moratorium in the U.S. Senate. Solis pushed the moratorium through the U.S. House of Representatives.
The law creating the moratorium passed overwhelmingly in the House and Senate with strong bipartisan support, which included conservative Republicans, who questioned the ethics of testing toxic chemicals on humans.
But the leaked final draft rule would allow manufacturers to conduct testing of pesticides upon pregnant women and children so long as there is no "intent" at the outset of the study to submit the results to the EPA.
Additionally, the plan would allow pesticides to be tested upon pregnant women and children in studies intended for submission to the EPA at exposure levels up to the current legal limits – even though the National Academy of Sciences found that in some cases this level of exposure could present acute risks to children.
"The regulation is an open invitation to test pesticides on humans, which is the exact opposite of what Congress intended," said Waxman. "The administration predicts that over 30 pesticide experiments will be submitted to EPA each year under the new rule. That’s an enormous step in the wrong direction."
People with high levels of pesticides in their blood are far more likely to develop genetic mutations linked with cancers, birth defects, and neurological disorders peer-reviewed scientific studies across the world have documented.
In its moratorium legislation, Congress required that the EPA establish a Human Subjects Review Board (HSRB) as recommended by the National Academy of Sciences. The Academy urged that this Board review research protocols prior to consideration by an Independent Review Board (IRB).
The Academy expected that the HSRB would have ethical and pesticide expertise that IRBs typically lack. This approach would allow an IRB to block unethical research or require modifications suggested by the Human Subjects Review Board prior to the initiation of a study.
But the final draft rule would establish a powerless Human Subjects Review Board that would consider research protocols after an IRB and EPA staff had already approved a study. Under the administration plan, the Human Subjects Review Board would not have any authority to block or require modifications to unethical research.
Full story:
http://www.ens-newswire.com/ens/jan2006/2006-01-25-05.asp
[Proofreader's note: this article was edited for spelling and typos on January 26, 2006]
Note: http://www.ens-newswire...

Jan. 26 (Bloomberg) -- Dow Chemical Co., Monsanto Co. and other U.S. makers of Agent Orange were ordered to pay damages to South Korean veterans of the Vietnam War, a judge said.
The U.S. chemical makers were ordered to pay a combined 60.8 billion won ($63 million) to South Koreans who served in the 1954-1975 conflict and their families, said Seoul Superior Court Judge Choi Byung Duk in a telephone interview. Park Sang Il, a lawyer for Dow Chemical, said the company will respond after it reviews the court ruling.
Dow Chemical, Monsanto and other makers have fought lawsuits at home and overseas for producing the herbicide that the U.S. military sprayed to defoliate forests and mangroves in order to destroy food and cover for Viet Cong forces. Symptoms associated with exposure to Agent Orange include cancer, nervous disorders, cardiovascular disease and diabetes.
The South Korean court ruled that the U.S. chemical companies should pay damages to 6,795 of the 17,200 members of the Victims of Agent Orange Veterans Association of Korea and their families who brought the suit. South Korea sent 320,000 soldiers to Vietnam during 1965-1973.
``We will explain our position after the ruling statement comes out in about one or two weeks,'' said Park Sang Il, a lawyer at Hwang Mok Park, a South Korean law firm representing Dow Chemical. ``If the ruling is unfavorable as reported, we will probably have to appeal it to the Supreme Court.''
Lee Gun Ung, a lawyer at Kim Chang & Lee, the law firm representing Monsanto, wasn't immediately available for comment.
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