Environmental Protection Agency Final Rule Revoking All Tolerances for Food and Feed Uses of Chlorpyrifos

In August 2021, the Environmental Protection Agency (EPA) published its final rule revoking all chlorpyrifos tolerances, effectively stopping the use of chlorpyrifos on food and feed crops. Tolerances for all commodities expired on February 28, 2022. Upon reviewing all public comments regarding the final rule, the EPA denied all objections to, requests for hearing on those objections, as well as requests for stay of the final rule (Regulations.gov).

If chlorpyrifos is detected in food and feed crops for sale in the U.S. after February 28, 2022, the crop will be considered adulterated and will be ineligible for sale. However, if it can be proven that chlorpyrifos was legally applied to the crop prior to February 28, 2022, and levels are below the previous tolerance level, it will not be considered adulterated. The Food and Drug Administration published a guidance document to assist food producers and processors to address questions related to treated commodities with chlorpyrifos residues.

Non-agricultural uses of chlorpyrifos on golf course turf, industrial sites, greenhouse and nursery production, sod farms, and wood products are unaffected by this rule.

Chlorpyrifos Products Registered in Minnesota

Based on EPA's final rule, the MDA did not renew the registration of chlorpyrifos products containing food and feed uses for 2022. Products containing chlorpyrifos with food and feed uses on the label were placed into cancellation status starting January 1, 2022, meaning they can no longer be sold or distributed in Minnesota. The EPA stated that it intends to cancel registered food and feed uses of chlorpyrifos associated with the revoked tolerances under FIFRA, as appropriate. However, it has not yet issued a Notice of Intent to Cancel. See the EPA’s Frequent Questions about the Chlorpyrifos 2021 Final Rule. 

To see if a specific pesticide product is registered in Minnesota use the MDA's Registered Product Search.

Unused Pesticide Disposal Options

The EPA has given permission to Corteva Agriscience and ADAMA US to take back the chemicals. To learn more visit the Return Program for Certain Chlorpyrifos Products. Dealers may also check with registrants regarding willingness to take back unsold, unopened product due to products still have commercial value for non-food purposes. 

Chlorpyrifos and Alternatives

With revocation of tolerances, farmers will need to consider alternative insecticides or other management tactics for crop pests. In collaboration with the University of Minnesota, the MDA published an article on Alternatives for Management of Key Minnesota Crop Pests. The following extension crop and pest management guides provide extensive lists of products available for management of pests but are not Minnesota-specific. Always use the MDA's Registered Product Search to check if products are registered for use in Minnesota and read the label before use.

Please contact University of Minnesota Extension for any questions about alternative pest management options for specific crop pests.
 

 

Originally published on August 20, 2021
Last updated on March 1, 2022
Video added April 21, 2022