In August 2021, EPA released a final rule revoking all “tolerances” for chlorpyrifos, which establish an amount of a pesticide that is allowed on food. In addition, the agency issued a Notice of Intent to Cancel under the Federal Insecticide, Fungicide, and Rodenticide Act to cancel registered food uses of chlorpyrifos associated with the revoked tolerances. Read EPA’s press statement.
The rule set the revocation of ALL chlorpyrifos food tolerances to be at the end of 6 months of publication of the August 2021 rule (i.e., February 28, 2022). Any applications of chlorpyrifos made after that date will render any food so treated adulterated and unable to be distributed in interstate commerce.
Growers should NOT use chlorpyrifos after February 2022 on any food or feed crop that will be marketed in the United States because there will be no tolerance or exemption from a tolerance for the use of chlorpyrifos. If the residue exceeds the set tolerance, the crop may not be marketed or sold. It is subject to condemnation and seizure by federal or state regulatory agencies.
The tolerance rule issued on August 30, 2021, does NOT prohibit sale and distribution of registered pesticide products. However, sale and distribution of chlorpyrifos products labeled for use on food crops would be considered misbranded; therefore, it would be a violation of FIFRA to sell and distribute those products.
Non-agricultural, non-food uses of chlorpyrifos remain in the United States. EPA’s registration review of chlorpyrifos is due in 2022.
For specific details on chlorpyrifos’ registration and revocation of all food tolerances, see below.
Overview of Chlorpyrifos Registration Timeline:
Chlorpyrifos is an organophosphate insecticide, first registered in 1965. It has been used for a large variety of agricultural uses, including soybeans, fruit and nut trees, broccoli, cauliflower, and other row crops, as well as non-food uses. Chlorpyrifos is a cholinesterase inhibitor, requiring medical monitoring.
Currently, chlorpyrifos remains registered as it undergoes registration review, a program that re-evaluates all pesticides on a 15-year cycle. The chlorpyrifos registration review is scheduled to be completed in 2022.
As part of EPA’s ongoing process of review of chlorpyrifos during its life cycle, the pesticide registrants voluntarily entered into an agreement in 2000 changing labeled uses of chlorpyrifos. All uses of chlorpyrifos tomatoes in the United States were discontinued in 2000. Most homeowner uses and all termiticide uses were eliminated, and uses of chlorpyrifos on specific fruit were restricted and tolerances lowered. Additional label changes in 2002 required buffer zones to protect water quality, fish, and wildlife; increased PPE; and reduction of application rates on a number of crops including corn. Label changes in 2012 included a significant lowering of the aerial pesticide application rates and “no-spray” buffer zones for ground, airblast and aerial application methods around public spaces. EPA issued its Third Revised Human Health Risk Assessment in 2020 incorporating all use restrictions.
Petitioners requested EPA cancel all uses of chlorpyrifos in 2007; it included a request for revocation of all pesticide tolerances (maximum residue levels in food) for chlorpyrifos. In 2015 EPA proposed a rule to revoke all chlorpyrifos tolerances because it could not make a safety finding for continued registration of chlorpyrifos under the Federal Food and Drug and Cosmetic Act based on available data.
However, in March 2017, EPA did a reversal and denied the 2007 petition concluding that “despite several years of study, the science addressing neurodevelopmental effects remains unresolved and further evaluation of the science during the remaining time for completion of registration review (i.e., 2022) is warranted.”
Environmental advocacy groups and several States challenged EPA’s denial orders in the U.S. Court of Appeals for the Ninth Circuit. In April 2021, the Ninth Circuit issued its decision, finding that EPA’s denial was arbitrary and capricious based on the record before the Court and directing EPA to grant the petition, issue a final rule revoking the tolerances or modifying the tolerances if EPA could determine the tolerances were safe, and to modify or cancel food-use registrations for chlorpyrifos under FIFRA. EPA has determined that the current aggregate exposures from use of chlorpyrifos do NOT meet the legally required safety standard that there is a reasonable certainty that no harm will result from such exposures.
Accordingly, in August 2021, EPA released the “Final Tolerance Rule for Chlorpyrifos”, which revokes all tolerances for chlorpyrifos published in the Code of Federal Regulations at 40 CFR 180. With this action, EPA is complying with the Ninth Circuit’s order directing EPA to issue a final rule in response to the 2007 petition.
The rule set the revocation of ALL chlorpyrifos food tolerances to be at the end of 6 months of publication of the August 2021 rule (i.e., February 28, 2022). Any applications of chlorpyrifos made after that date will render any food so treated adulterated and unable to be distributed in interstate commerce.
The tolerance rule issued on August 30, 2021, does NOT prohibit sale and distribution of registered pesticide products. However, sale and distribution of chlorpyrifos products labeled for use on food crops would be considered misbranded; therefore, it would be a violation of FIFRA to sell and distribute those products.
Non-agricultural, non-food uses of chlorpyrifos remain in the United States. EPA’s registration review of chlorpyrifos is due in 2022.