Document MGK3BYLzwwLe7j4rz41qJ9omV

COMMI SSI ONERS: M U f t E? 6 . B EN Z . YAKI MA A t a e u r c u i L U E R , Ro u t e 8 , Ya k i m a C. A. H A W LEY. ROUTE 2 , WENATCHEE i . W. H E B E R T , YAKI MA B. E. H EN D RI CK , OMAK W . C. M A RT I N , WAPATO FRA N K P. S H I N N . EAST FARMS J, M. W AD E, WENATCHEE HUGH W I LCOX, TlETON C. M. W I LD . CHELAN C. M. Z E D I K E R , CASHMERE Wa s h in g t o n St a t e Appl e Co mmis s io n W enatchee, W ashingto February 20, 1945 OFFI CERS: C. M. Z ED I K ER, Ch a i r m a n W. G. M A R T I N , V i c e - Ch a i r m a n C. E. CH A S E, TREASURER EX- OFFI CI O COM MI SS!ONERS: A RT H U R E. COX DI RECTOR OF AGRI CULTURE F. E. D ES ELLEM SUPERVI SOR OF HORTI CULTURE C. E. CHASE, Se c r e t a r y - Ma n a g er 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 Fecaral Security agency, and Dr. Dunbar in connection vdth our appeal from the truer issued by lir. Killer in connection with 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 with 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 nap- be. be 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 tlic 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, and in fact it is pretty hard from the evidence produced at the hearing for us Kt 000848,3 N9724 WASHINGTON STATK API*I.I! AllVl'.UTtSING COMMISSION Dr. kobort A. Kehoo Kettering Laboratory College of Hedicine Cincinnati, Ohio ,/ m . 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 would justify a further liberalization, he was vex-y willing to consider it. Iiis order '.mu. based on the evidence at the hearing and could in no way be changed except by additional evidence. I was under the impression that if he was advised 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 healing held 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 truer. I told him if something like this occurred before the appeal to the U. o. Circuit Court of Appeals was heard. 1 foit the ineustry would be inclined to withdraw the appeal, proviaiug, of course, the evidence justified a liberalization of the present a e wo t..v 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, os noil as ourselves, will nave to depend on you and the u . w . Public Health orv_co t v determine when sufficient favorable evidence has occurred in the res ,,arcl., if it docs, to justify' a short hearing in line with n y conversation will! ..r, If.11.. The Puolic Health aervice has, I understand, made several releases in cournot._c with fluorine. one which you no doubt have seen is their report of noco.n...or , Volume py, Ho. Lyj. 1 understand there are others, but 1 have not seer rue... It is euiuo likely m a t ycur work has progressed furtner and also thaw ae ;..a at have o- bearing on the matter. He cannot see where anything particularly is to be gained by the appeal being hoax'd in Court. If the Government's order is upheld, we would prceably ask for a rehearing and submit all additional evidence possible. If tin pourt holds that the evidence is insufficient to justifj" the present truer, then we are right back where we started. vie will appreciate any views you have in connection with this lout mo. oincerely yours. CEC:s C. S. CKAS3, Secretary-Kanag: K f 0008484