IFCA has received questions from members regarding the EPA’s decision to revoke all tolerances for chlorpyrifos back in August. Some questions being asked include:  Can I still use my chlorpyrifos product?  Is it legal to use? When will I no longer be able to use it?

 

Chlorpyrifos products are still legal to use within the 6-month period between publication of the final rule and revocation of tolerances. Food use tolerances will be canceled at the end of the 6-month period and no chlorpyrifos residues would be allowed on such crops/commodities after that time. In this case, the tolerances expire on February 28, 2022. 

 

For members who still have existing stocks of chlorpyrifos products, EPA states:

 

Existing stocks is a term under FIFRA generally used in connection with the pesticide products that have been released for shipment as of the date a product registration is cancelled. EPA has not cancelled any chlorpyrifos products as a result of the final tolerance rule; therefore, there are no existing stocks at this time.

 

The tolerance rule issued on August 30, 2021, does not prohibit sale and distribution of registered pesticide products. However, once the tolerances expire and are revoked in six months, 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.

 

EPA intends to cancel registered food uses of chlorpyrifos associated with the revoked tolerances under FIFRA, as appropriate. That cancellation action would only address the registered food uses of chlorpyrifos; it would not impact nonfood uses of chlorpyrifos, including public health uses for mosquito control and USDA quarantine use for fire ant control. EPA will continue to evaluate the non-agricultural, non-food uses as part of the ongoing registration review for chlorpyrifos. Following the cancellation of food uses, there may be some products that have label instructions for both food and non-food uses. Those labels would need to be amended to remove any food-uses that were cancelled.

 

For answers to more frequently asked questions on the chlorpyrifos 2021 final rule, click here.