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As many are probably aware the EPA is going to revoke all tolerances on chlorpyrifos. This will take effect on February 28th, 2022. Here is some information from the EPA’s website:

The final rule was issued in response to the Ninth Circuit Court of Appeals’ order directing EPA to issue a final rule in response to the 2007 petition filed by Pesticide Action Network North America and the Natural Resources Defense Council. In issuing the final rule, EPA found that it could not determine that there is a reasonable certainty of no harm from aggregate exposure, including food, drinking water, and residential exposure, to chlorpyrifos, based on currently available data and taking into consideration all currently registered uses for chlorpyrifos.

The Agency’s evaluation indicated that currently registered uses of chlorpyrifos result in exposures exceeding the safe levels of exposure, and thus have the potential to result in adverse effects. The final rule revokes tolerances and will reduce risks to our most vulnerable populations, including children, by reducing chlorpyrifos exposure via food and drinking water.

The timing of application will determine whether food treated with chlorpyrifos is adulterated. Until the tolerances expire (which the Final Rule set for February 28, 2022), chlorpyrifos may be used on food commodities in accordance with label directions and the existing tolerances. These conditions are described in section 408(l)(5) of the Federal Food, Drug, and Cosmetic Act (FFDCA) and allow that residues of chlorpyrifos in or on the food after the tolerances expire would not render the food adulterated, as long as those conditions are met. After the tolerances are revoked (which the Final Rule set for February 28, 2022), new applications of chlorpyrifos will render any food treated as adulterated and ineligible to be distributed in interstate commerce. Food already in the channels of trade that was treated prior to the expiration of the tolerances would be governed by section 408(l)(5) of the FFDCA, as described above. On February 9, 2022, the Food and Drug Administration (FDA) released specific guidance, which is consistent with the channels of trade provision, to address questions related to treated commodities with chlorpyrifos residues, including imported foods. The FDA guidance is available at: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-questions-and-answers-regarding-channels-trade-policy-human-food-commodities.

EPA will continue to evaluate the non-agricultural, non-food uses as part of the ongoing registration review for chlorpyrifos, which is expected to be completed by the statutory deadline of October 1, 2022.

On January 18, 2017, as part of the registration review process and to meet its obligation under Section 7 of the Endangered Species Act (ESA), EPA issued nationwide biological evaluations (BEs) for chlorpyrifos, diazinon, and malathion to assess risks to threatened and endangered (listed) species from registered uses of these organophosphate pesticides. EPA also initiated formal consultation with the U.S. Fish and Wildlife Service (FWS) and has reinitiated formal consultation with the National Marine Fisheries Service (NMFS) (the Services) based on the BE conclusions that these pesticides may affect certain listed species and/or their designated critical habitats. EPA continues to be in consultation with the Services on chlorpyrifos.

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