EPA Reinstates Chlorpyrifos Tolerances Amid Regulatory Shifts

On February 5, 2024, the U.S. Environmental Protection Agency (EPA) reinstated all chlorpyrifos tolerances, overturning a previous rule that had halted its use on all food and feed commodities in early 2022.

Additionally, EPA announced in a posting on its website its intent to revoke all but specific uses of chlorpyrifos: alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, wheat (spring), and wheat (winter). 

Affected Parties and Industries

The reinstatement of chlorpyrifos tolerances will primarily affect agricultural producers, food manufacturers, pesticide manufacturers, and others who use these products.

Recommended Actions

Stakeholders are advised to closely monitor developments and be prepared to adjust chlorpyrifos manufacturing, distribution, and growing practices, given the anticipated fluctuations in the regulatory landscape. Distributors and growers should check the current Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and state registration status of existing chlorpyrifos stocks before selling, distributing, or using them.

Although all chlorpyrifos tolerances were in effect at the time, EPA confirmed that growers could use registered chlorpyrifos products on relevant crops, adhering to labeled instructions. However, numerous registered chlorpyrifos products were canceled in 2022, with no provisions for continued use on food or feed crops. EPA emphasized that existing final cancellation orders for chlorpyrifos products, including terms for sale, distribution, and use, remained in place until further notice.

Background on Chlorpyrifos

Chlorpyrifos is a widely used organophosphate insecticide, acaricide and miticide used primarily to control foliage and soil-borne insect pests. In August 2021, in response to a court order EPA revoked all tolerances for chlorpyrifos residues, impacting various crops. This decision followed the Ninth Circuit Court's directive to either revoke or modify the tolerances within a limited timeframe. Consequently, as of February 28, 2022, any residues from chlorpyrifos applications after that date would render food adulterated. However, on November 2, 2023, the Eighth Circuit Court overturned EPA's revocation, citing insufficient consideration for certain crop uses identified for potential modification in 2020.

Next Steps

Many chlorpyrifos product registrations were revoked in 2022, and existing revocation orders remain in place unless amended by EPA. EPA plans to promptly propose a new rule to revoke tolerances for most uses, with additional restrictions to address safety concerns and protect sensitive populations and species. This proposal will be subject to a 60-day public comment period before being finalized, as required by the Federal Food, Drug, and Cosmetic Act.

Conclusion

The regulatory situation surrounding chlorpyrifos products is expected to remain uncertain. While EPA's recent action reaffirms the current legal status of chlorpyrifos tolerances, it suggests that this reinstatement may be reversed in the future for most uses. Additionally, EPA plans to introduce further restrictions for the remaining uses. During this transitional period, all chlorpyrifos product applications must adhere to existing cancellation orders, including provisions for existing stocks.