U.S. EPA Finalizes Cancellation and Updates to Existing Stocks Provisions for Chlorpyrifos Products

Overview

On June 5, 2024, the U.S. Environmental Protection Agency (EPA) issued a final cancellation order for Corteva’s “Dursban 50W in Water Soluble Packets” and three Gharda chlorpyrifos products. Additionally, the U.S. EPA has amended stock provisions for two Liberty and three Winfield chlorpyrifos end-use products. The EPA website now includes updated FAQs about chlorpyrifos.

Chlorpyrifos

Chlorpyrifos, an organophosphate insecticide, was commonly used on crops like soybeans, fruits, nuts, and broccoli. In August 2021, the EPA revoked all food tolerances for chlorpyrifos, effectively banning its use on food and animal feed. This decision followed a U.S. Court of Appeals order.

However, on December 28, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated the EPA’s rule and reinstated chlorpyrifos tolerances. As of February 5, 2024, these tolerances are back in effect.

EPA plans to propose a rule to revoke most chlorpyrifos tolerances, retaining only those for 11 specific food and feed uses. This could reduce chlorpyrifos use by 70% compared to historical levels.

Cancellation of Corteva and Uses for Gharda Products

The products “Chlorpyrifos Technical” (Reg. No. 93182-3), “Pilot 4E Chlorpyrifos Agricultural Insecticide” (Reg. No. 93182-7), and “Pilot 15G Chlorpyrifos Agricultural Insecticide” (Reg. No. 93182-8) will no longer be used on food, except for 11 crops listed in the 2020 Proposed Interim Decision, with state-specific restrictions. EPA published the same Notice of Receipt of Requests for these use cancellations as for the cancellation of the Dursban product above. Similarly, the comments received did not change the Agency’s decision to accept the registrant’s requests to cancel the uses for these three products.

Amendment for Liberty and Winfield Products

EPA has amended the existing stock provisions for five chlorpyrifos products, voluntarily canceled on August 31, 2022, and May 4, 2023.

Two products from Liberty Crop Protection were canceled in August 2022.

LLC—Liberty Chlorpyrifos Bifenthrin (Reg. No. 89168-20)
Liberty Chlorpyrifos 4E (Reg. No. 89168-24)

Three products from Winfield Solutions were canceled in May 2023.

LLC—Tundra Supreme (Reg. No. 1381-243)
CPF 4E (Reg. No. 83222-20)
CPF 15G (Reg. No. 83222-34)

The sale and distribution of these products are now allowed until April 30, 2025, and their use is permitted until June 30, 2025, following the terms of the final cancellation orders and amended existing stocks provisions.

For more information about the final cancellation orders and existing stocks amendment, please refer to ID EPA-HQ-OPP-2022-0223 at www.regulations.gov.

For more information, view the Federal Register Notices. (Source: EPA)

Compliance Tips from REACH24H

In accordance with the new changes issued by the EPA, here are some reminders from REACH24H to pertaining businesses or suppliers:

Inventory Management: Ensure the sale and distribution of canceled chlorpyrifos products are completed by April 30, 2025, and use these stocks by June 30, 2025.
Compliance: All activities must adhere strictly to the final cancellation orders and amended existing stocks provisions.
Product Label Updates: Review and update product labels to meet the latest EPA regulations and restrictions.
Regulation Monitoring: Continuously monitor EPA announcements and proposed rules to promptly adjust business strategies. The website of the EPA: https://www.epa.gov/

Relevant Regulation

Pesticide regulation in the United States is regulated by the United States Environmental Protection Agency (U.S. EPA), and therefore, U.S. pesticide regulations are often referred to as U.S. EPA regulations.

One of the most important regulations is FIFRA, or the Federal Insecticide, Fungicide, and Rodenticide Act. This regulation is the legal basis for the regulation of pesticides in the United States. FIFRA is the Federal statute that governs the registration, distribution, sale, and use of pesticides in the United States. Generally, before a pesticide may be sold or distributed in the United States, it must be registered (licensed) with EPA.

In addition to FIFRA, there are two other supporting laws:

Pesticide Registration Improvement Act (PRIA)

Code of Federal Regulations (CFR)

Contact Us

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If you need any compliance services, please feel free to contact us.

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