Organic Consumers Association - Educating for Health, Justice, and Sustainability

Organic Consumers Association - Educating for Health, Justice, and Sustainability

ALERT: EPA TO ALLOW PESTICIDE TESTING ON ORPHANS & MENTALLY HANDICAPPED CHILDREN

NOTE: This alert is now closed. Public comment period to the EPA expired on December 12, 2005. Sign up on our email list here, and we will keep you posted on this issue. Thanks for your involvement.

Monday, January 16, 2006

EXPIRED ALERT TEXT: Public comments are now being accepted by the Environmental Protection Agency (EPA) on its newly proposed federal regulation regarding the testing of chemicals and pesticides on human subjects. On August 2, 2005, Congress had mandated the EPA create a rule that permanently bans chemical testing on pregnant women and children, without exception. But the EPA's newly proposed rule, is ridden with exceptions where chemical studies may be performed on children in certain situations like the following:

1. Children who "cannot be reasonably consulted," such as those that are mentally handicapped or orphaned newborns, may be tested on. With permission from the institution or guardian in charge of the individual, the child may be exposed to chemicals for the sake of research.
2. Parental consent forms are not necessary for testing on children who have been neglected or abused.
3. Chemical studies on any children outside of the U.S. are acceptable.

Send a letter to EPA here!

OCA's focal concerns with this proposed rule specifically involve the following portions of text within the EPA document (Read the full EPA proposed rule here: PDF --- HTML):

70 FR 53865 26.408(a) "The IRB (Independent Review Board) shall determine that adequate provisions are made for soliciting the assent of the children, when in the judgment of the IRB the children are capable of providing assent...If the IRB determines that the capability of some or all of the children is so limited that they cannot reasonably be consulted, the assent of the children is not a necessary condition for proceeding with the research. Even where the IRB determines that the subjects are capable of assenting, the IRB may still waive the assent requirement..."

(OCA NOTE: Under this clause, a mentally handicapped child or infant orphan could be tested on without assent. This violates the Nuremberg Code, an international treaty that mandates assent of test subjects is "absolutely essential," and that the test subject must have "legal capacity to give consent" and must be "so situated as to exercise free power of choice." This loophole in the rule must be completely removed.)

Sounds like what Mengele did to Jewish children during the Holocaust.