Document 6BJEBMNKMDyqvaB9N1Bj9vYN6

COMMISSIONERS: c . b e war. y a k ima Ataeur cuiLUER, Ro u t e 8, Ya k ima c. A. HAWLEY. ROUTE 2, WENATCHEE J. W. HEBERT, YAKIMA B. E. HENDRICK, OMAK W. C. MARTIN, WAFATO FRANK P. SHINN. EAST FARMS J, M. WADE, WENATCHEE HUGH WILCOX. TlETON C. M. WILD. CHELAN C. M. ZEDIKER, CASHMERE Wenatckee, Waskington February 20, 1945 OFFICERS: C. M. ZEDIKER, Ch a ir ma n W. G. MARTIN, Vic e -Ch a ir ma n C. E. CHASE, TREASURER EX-OFFICIO COM MISS!ONERS: ARTHUR E. COX DIRECTOR OF AGRICULTURE F. E. DESELLEM SUPERVISOR OF HORTICULTURE C. E. CHASE. Se c r et ar y -Ma n a g e r Dr. Aobert A. Kehoe Kettering Laboratory College of Kedicine Aden Avenue Cincinnati 19, Ohio Dear Dr. Kehoe: I recently had a meeting with Watson Killer, Assistant Administrator of the Feceral Security agency, and Dr. Dunbar in connection vath our appeal from the truer issued by lir. Killer in connection vath. the fluorine hearing at Washington, D. D., at which you testified. I told them that vaiils Kr. Overlay's testimony and records shoved t.,at the apples which he had been cleaning in an experimental way could in most cases be cleaned below tolerance of .05, but that from a practical standpoint this season such had not been the case. Kr. Overley's office has been making the analysis for the shippers this year and he also agrees it is difficult in many cases to get the fruit below .05 tolerance on fluorine. One main reason is the fact that grov/ers are having to use heavier oil in connection vita their codling noth spray than heretofore. This is because cf mite infestation, and the only thing they can find to control, it at the present tine is a heavy oil, so it is nixed in with the arsenate of lead, or fluorine, as the case nag- be. he have had to use as high as 130 temperature in order to clean some of the fruit this season, and while it greatly damaged the fruit, it was shipped out immediately and went into consumption before too much damage occurred. Kites cause the leaves to drop from, the trees and in many cases the fruit, and of course, when the leaves drop from the trees the fruit does not color, so it is really worse than codling moth infestation, as there is not much salvage to tlio fruit. We are experimenting v/ith everything possible to find an insecti cide which will control the mite. Educational analysis have shown that in many cases over half of the s ampler which were analyzed', after the fruit had been washed exceeded the fluorine and lead tolerance this season. Vie had two main reasons in filing an appeal from the Order: one being .05 was not sufficient tolerance under our present spraying program and another being that we felt we were more or less agreeing that all vie were entitled to from the evidence of the hearing was .05 if we did not appeal. It is our feel ing that the evidence introduced at the hearing justified a more liberal tolerance, K 000848,3 N9724 WASHINGTON 9TATK APW.B ADVKKTISING COMMISSION Dr. iiobort A. Kehoo Kettering Laboratory College of Hedicine Cincinnati, Ohio rag them, required any restrictions in connection with the use of fluorine. It is raj' feeling that Hr. Killer felt that if additional evidence from that presented at the hearing had been found by research, whether by the Public Health service, yourself, or from any other source, that woulu justify a further liberalisation, he was very willing to consider it. Ilis order based on the evidence at the hearing and could in no way be changed except by additional evidence. I v;as under the impression that if he was advisee by someone qualified that additional evidence had been found that a short hearing could be called and this evidence introduced, and he would then consider it in connection with the evidence of the hearing hold the latter part of June. If it justified liberalizing the tolerance more than the present Order had, of course, he would be inclined to issue another order. I told him if something like this occurred before the appeal to the U. o. Circuit Court of .-.ppoals v.us heard. I felt the industry -would be inclined to v.ithdraw the appeal, previaiug, of course, the evidence justified a liberalization of the present ..:.. wo t point to where wo could comply by all practical methods. hy reason for writing you is that it seems to us that l_r. Killer, a. well, as oursolves, will nave to depend on you and the u. w. Public health crvuco tv determine when sufficient favorable evidence has occurred in the res.arc..., if it does, to justify' a short hearing in line with my conversation witl.Hr. if.hi.. The Puoiic wealth aervice has, V understand, made several releases in ceurmeo...., vdth fluorine. one which you no doubt have seen is their report of bo cel... or , Volume jy, ho. IV- I understand there are others, but I have not sera Hu.., It is c.uioc linag' unat ycur wori: has progressed furt.ur and also t..ar do ;..u 1: have _ bearing on the raatter. He cannot see where anything particularly is to be gainea by the appeal being hoax'd in Court. If the Government's order is upheld, we woulu pros ably ask for a rehearing and submit all additional eviaence possible. If the aourt holds that the evidence is insufficient to justify the present Grusr, Hun we are right back where we stalled. he will appreciate any views you have in connection with this iett-r. oincereiy yours, CEC:s C. 15. CHASID, Secretary-Kana- Pi 0008484