Via details shared in an ARA member alert, the EPA has issued an update on the use of chlorpyrifos on food.
According to the EPA, the Eighth Circuit’s mandate issued on December 28, 2023, finalized the court’s judgment and vacated the EPA’s 2021 rule revoking chlorpyrifos tolerances. The EPA’s technical correction in the Federal Register changes the Code of Federal Regulations to reflect the Eighth Circuit’s decision.
This means growers can use currently registered chlorpyrifos products on crops with reinstated tolerances, consistent with directions for use on those product labels. However, it’s important to note individual states may still have bans or restrictions in place.
Any existing final cancelation orders, including any terms for sale, distribution, and use of existing stocks of products subject to those cancelation orders and related return programs for chlorpyrifos products, remain in place, unless and until amended by EPA.
EPA is issuing this final rule to amend the tolerance regulations to reflect the current legal status of the tolerances for chlorpyrifos by removing the introductory sentence currently in 40 CFR 180.342 that contains the revocation statement and expiration date.
