Information provided by Dr. Stormy Sparks, UGA Vegetable Entomologist, on February 6, 2024, about chlorpyrifos.
EPA released an update on their position on chlorpyrifos on Friday, February 2, 2024. Included in this update: (emphasis added for this document)
“EPA is issuing a technical correction in the Federal Register that changed the Code of Federal Regulations to reflect the Eighth Circuit’s decision. The Eighth Circuit’s mandate issued on December 28, 2023, finalized the court’s judgment and vacated the Agency’s 2021 rule revoking chlorpyrifos tolerances.”
“Since the tolerances are currently in effect, growers can now use currently registered chlorpyrifos products on all crops with reinstated tolerances, consistent with directions for use on those product labels. However, such uses may be subject to restrictions by individual states.”
For the future (unspecified date):
“…the Agency expects to expeditiously propose a new rule to revoke the tolerances for all but 11 uses…”
“Those 11 uses are: alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, wheat (spring), and wheat (winter).”
On February 5, the rule to reinstate tolerances for chlorpyrifos was published in the Federal Register; thus, all tolerances are in effect until EPA rules otherwise.
Bottomline (as we see it):
All uses of chlorpyrifos on the label of currently registered products are currently legal.
If the label was cancelled, that product is NOT legal at this time.
All uses other than the specified 11 uses in the lawsuit will become illegal again as soon as EPA proposes a new rule (“expeditiously” is poorly defined in Washington). However, this rule will likely be phased in similarly to how the original ruling was implemented. There will likely be some published date where uses become illegal, followed by a phase out of legal resides to clear the food channels.
Below are the products we think remain registered as of now and would be legal for 2024 on all labeled crops:
93182-7 (Gharda, Pilot 4E)
93182-8 (Gharda, Pilot 15G)
19713-505 (Drexel, Chlorpyrifos 15G)
19713-520 (Drexel, Chlorpyrifos 4E)
19713-521 (Drexel, Chlorpyrifos 15GR)
19713-599 (Drexel, Chlorpyrifos 4E-AG2)
19713-671 (Drexel, Lambdafos)