Via a member alert, the Agricultural Retailers Association provided this update:
All tolerances for chlorpyrifos expired on Feb. 28, 2022. These tolerances were established in 40 CFR §180.342 (“Chlorpyrifos; tolerances for residues” ) as required by 21 U.S.C. § 346a (“Tolerances and exemptions for pesticide chemical residues”).
Since the chlorpyrifos tolerances have expired, chlorpyrifos products with food uses (including products with both food uses and non-food uses) are currently misbranded, and it is a violation of FIFRA to sell and distribute misbranded pesticides.
To transport products for the purposes of facilitating relabeling constitutes distribution, and thus may not occur unless the U.S. Environmental Protection Agency (EPA) provides authorization for the movement of those pesticide products, even between registered establishments. This can be done with the issuance of either a cancelation order, if products are being cancelled, or a Stop Sale, Use, and Removal Order (SSURO) with some additional information on the locations and quantities of those products.
Transporting for other purposes can be handled as it usually is for pesticide products. Transportation of the product for disposal is allowed; however, do NOT take the label off when transporting for disposal. EPA currently working with some registrants to discuss return programs and have not yet authorized any return programs.
EPA published a frequently asked questions page to provide clarification. See information below for what applicators and distributors should do if they have chlorpyrifos products for use on food now that tolerances have expired:
- Use. Anyone in possession of chlorpyrifos products for use on food should discontinue use on food. If the product’s label allows for non-food uses, you may continue to use the product for those non-food purposes.
- Sale and Distribution. Products with food uses (including products with both food uses and non-food uses) are currently misbranded and may be not sold or distributed. Registrants must submit label amendments to reflect the appropriate subset of uses that are still permitted.
- Storage. Store chlorpyrifos products until there is an opportunity for appropriate disposal. Details on proper storage can be found using the following links:
- Disposal.
- Refer to product labels and contact your state waste regulators for guidance regarding proper disposal.
- Appropriately dispose of these products as specified by their state. Please see this site for contact information.
- Other options. If other options become available (e.g., disposal or product returns), the Agency will provide updates on this website and to state lead agencies.”
