On Dec. 12, the Environmental Protection Agency finalized a rule to revoke the tolerances associated with all but the 11 food and feed crop uses identified in the agency’s 2020 proposed interim decision on chlorpyrifos.
Based on the available data, retaining only these 11 food uses is expected to decrease average annual pounds of chlorpyrifos applied in the United States by 70% as compared to historical usage. The order terminates all food uses, except for 11 crops in specified states, for six Drexel and three Loveland chlorpyrifos products.
The Drexel products include Drexel Chlorpyrifos 15G (Reg. No. 19713-505), Drexel Chlorpyrifos 4E-AG (Reg. No. 19713-520), Drexel Chlorpyrifos 15GR (Reg. No. 19713-521), Drexel Chlorpyrifos Technical (Reg. No. 19713-573), Drexel Chlorpyrifos 4E-AG2 (Reg. No. 19713-599) and Drexel Lambdafos Insecticide (Reg. No. 19713-671).
The Loveland products include Warhawk (Reg. No. 34704-857), Warhawk Clearform (Reg. No. 34704-1077) and Match-Up Insecticide (Reg. No. 34704-1086). EPA is also cancelling three Drexel chlorpyrifos products: Drexel Chlorpyrifos Concentrate (Reg. No. 19713-518), Drexel CHLOR-PY-REX Chlorpyrifos Insecticide (Reg. No. 19713-527) and Drexel Chlorpyrifos 99% Technical (Reg. No. 19713-575).
Chlorpyrifos is an organophosphate insecticide that has been used for many food crops, including 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 set an amount of chlorpyrifos allowed on food. This action essentially stopped the use of chlorpyrifos on all food and animal feed. EPA took that 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 chlorpyrifos tolerances, without taking public comment or engaging in “further fact-finding.”
On Nov. 2, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated the EPA’s August 2021 rule revoking all tolerances. On Feb. 5, the 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 pre-August 2021 final rule chlorpyrifos tolerances have been reinstated and are currently in effect.
The EPA published the notice of receipt of requests from Drexel and Loveland to voluntarily cancel or terminate uses for these product registrations on July 15, which was open for public comment until Aug. 14. The agency received one comment on this notice. After considering this comment, the agency is finalizing its decision to accept Drexel and Loveland’s voluntary requests to cancel or terminate uses for these products. Any distribution, sale or use of existing stocks of these products is permitted only in accordance with the terms of the final order and existing stocks provisions of the final order.
\The final order is available at docket ID EPA-HQ-OPP-2022-0223 at www.regulations.gov. For more information, including existing stocks provisions, view the Federal Register notice. The agency has also updated the frequently asked questions about chlorpyrifos on its website.
Chloprpyrifos has been banned in the European Union, Brazil and Canada, but it is still in use in India and China as well as the U.S. California has banned all agricultural uses of chlorpyrifos since 2020.
David Murray can be reached at [email protected].
