[EPA OPP Post Date 03 15 2024].The U.S. Environmental Protection Agency (EPA) is issuing an update on existing stocks provisions for three chlorpyrifos pesticide products made by the company Adama – Pyrinex Chlorpyrifos Insecticide (EPA Reg. No. 11678-58), Chlorpyrifos 4E AG (alternate brand name Quali-Pro Chlorpyrifos 4E) (EPA Reg. No. 66222-19), and Vulcan (EPA Reg. No. 66222-223).
Chlorpyrifos is an organophosphate insecticide used for a large variety of food uses, including growing soybeans, fruit and nut trees, broccoli, cauliflower, and other row crops, as well as non-food uses. In a final rule issued in August 2021, EPA revoked all tolerances for chlorpyrifos, which establish an amount of chlorpyrifos that is allowed on food. This action stopped the use of the pesticide chlorpyrifos on all food and animal feed. EPA took this action in response to an April 2021 order from the U.S. Court of Appeals for the Ninth Circuit for the Agency to issue—within 60 days—a final rule addressing the use of chlorpyrifos in food or feed crops, without taking public comment or engaging in “further fact-finding.”
On May 4, 2023, EPA granted Adama’s request to cancel food uses and the tobacco use of its three chlorpyrifos products, consistent with EPA’s Cancellation Order for Certain Chlorpyrifos Registrations and Uses that noted that all chlorpyrifos tolerances had been revoked.
In addition, on November 6, 2023, EPA granted Adama’s request to terminate the food processing and food manufacturing site uses on those same three chlorpyrifos products.
On December 28, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated EPA’s August 2021 rule revoking all tolerances. On February 5, 2024, EPA issued a Federal Register notice to amend the Code of Federal Regulations to reflect the court’s reinstatement of those tolerances. At this time, all the chlorpyrifos tolerances have been reinstated and are currently in effect. Adama has requested amendments to the cancellation orders governing disposition of their existing stocks to allow for sale, distribution, and use.
Existing stocks for the products identified below are those stocks of registered pesticide products that are currently in the United States. These products must have been packaged, labeled, and released for shipment prior to May 4, 2023 (for termination of food uses and tobacco use) and prior to November 6, 2023 (for termination of food processing and food manufacturing uses).
At this time, EPA is amending the existing stocks provisions in the May 4 and November 6 cancellation orders as follows:
- Sale and distribution of existing stocks of Pyrinex Chlorpyrifos Insecticide (EPA Reg. No. 11678-58) is permitted until June 30, 2024.
- Sale and distribution of existing stocks of Chlorpyrifos 4E AG and Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19) and Vulcan (EPA Reg. Nos. 66222-233) is permitted until April 30, 2025.
- Use of existing stocks of Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, and Vulcan on food, food processing sites, and food manufacturing sites must be consistent with the product labeling. Such use is permitted until June 30, 2025.
- Use of existing stocks Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, and Vulcan for non-food purposes is permitted until existing stocks are exhausted, as long as such use is in accordance with the labeling.
After these dates, all respective sale, distribution, and use of existing stocks is prohibited, except for sale and distribution for export and for proper disposal.
EPA will continue to update the public as it evaluates and takes any actions related to chlorpyrifos use. For more information, visit EPA’s website.
For more information, view the Federal Register Notice.
Editor notes: For growers, this notice reaffirms that, at this time, all the chlorpyrifos tolerances have been reinstated and are currently in effect, and products can be used according to the product label. Additionally since use of existing stocks of Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, and Vulcan on food, food processing sites, and food manufacturing sites is now permitted until June 30, 2025, it is probable that chlorpyrifos products can be used according to the product label for the 2024 growing season.
HOWEVER, EPA has published its nextanticipated steps. Specifically, EPA has published that it “expects to expeditiously propose a new rule to revoke the tolerances associated with all but the 11 uses referenced by the court… and …EPA is also engaged in discussions with the registrants to further reduce exposures associated with the 11 uses of chlorpyrifos that were referenced by the Eighth Circuit, a process that will also include taking into account the 2020 draft document and public comments received thereto. This approach would allow use on alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, wheat (spring), and wheat (winter) with additional restrictions for geographic location and rate of application to address safety of the tolerances, as well as potential additional restrictions to protect farmworkers and other vulnerable populations, and vulnerable species and their habitats....” Source: EPA Chlorpyrifos website.
To check on the status of tolerances for chlorpyrifos, please directly consult § 180.342 Chlorpyrifos; tolerances for residues.
Please see prior posts to the Rutgers NJAES PSEP blog on Chlorpyrifos:
Note from post-er: This repost is part of our curated outreach to growers enrolled in the NJAES Plant and Pest Advisory and was received from GovDelivery Communications Cloud on behalf of: U.S. EPA Office of Chemical Safety and Pollution Prevention · 707 17th St, Suite 4000 · Denver, CO 80202 · 1-800-439-1420. Links within the blog post were highlighted editorally for emphasis.