Frequently Asked Questions about the Current Status of Chlorpyrifos and Anticipated Path Forward
EPA’s 2021 rule revoking chlorpyrifos tolerances was challenged by a chlorpyrifos registrant and several grower groups in the U.S. Court of Appeals for the Eighth Circuit. On November 2, 2023, the Eighth Circuit issued a decision vacating EPA’s 2021 final rule and remanding the matter to EPA for further proceedings. The Eighth Circuit’s mandate issued on December 28, 2023, reinstating all chlorpyrifos tolerances. On February 5, 2024, EPA issued a notice in the Federal Register as a technical correction to the Code of Federal Regulations to reflect the Eighth Circuit’s reinstatement of chlorpyrifos tolerances: https://www.federalregister.gov/documents/2024/02/05/2024-02153/chlorpyrifos-reinstatement-of-tolerances.
The Eighth Circuit’s decision stated that the Agency had identified 11 crops for retention in the 2020 Proposed Interim Registration Review Decision (PID) for chlorpyrifos. To reduce exposures from the use of chlorpyrifos, EPA is engaged in discussions with chlorpyrifos registrants to cancel all food uses except for use on the 11 crops that were identified in the December 2020 chlorpyrifos PID, with additional restrictions for geographic location, application rate, and reductions in the maximum number of applications being considered to address safety of the tolerances. EPA expects to issue a new rule to revoke the tolerances associated with all but those 11 food uses.
Additionally, EPA is in discussions with the registrants to further reduce exposures to farmworkers and other vulnerable populations, and vulnerable species and their habitats, and EPA continues to work to protect farmworkers, endangered species and their habitats, and the nation’s most vulnerable populations (including children) through its ongoing registration review and ESA processes for chlorpyrifos uses.
EPA will continue to provide updates as it further evaluates chlorpyrifos.
- Can chlorpyrifos be used in the 2024 growing season?
- What does the reinstatement of chlorpyrifos tolerances mean for cancelled products?
- What are EPA’s next steps?
- What are the 11 uses from the 2020 Chlorpyrifos Proposed Interim Decision for which EPA will retain tolerances?
- What other restrictions are expected for these 11 uses?
- What products have been cancelled or amended and may not be used on food crops?
- When does EPA plan to approve amended labels deleting all food uses except for the 11?
- What are the next steps in registration review for chlorpyrifos?
- Has a decision been made regarding the 10X FQPA Safety Factor?
- What uses are considered to be food uses?
- What food uses are considered to be non-food uses?
- What are the next steps for implementing ESA and the NMFS Biological Opinion?
- Will there be any changes to the import tolerances for chlorpyrifos?
1. Can chlorpyrifos be used in the 2024 growing season?
Since the Final Rule has been vacated - and the tolerances are again in effect - growers can use currently registered chlorpyrifos products on crops consistent with label directions. Products that were cancelled or amended may be able to be used if use is consistent with the existing stocks provisions (see Question 6 below for more information). Retailers, distributors, and suppliers may sell currently registered chlorpyrifos products at this time. EPA is working with the registrants and amending labels. For the most recent labels please refer to: Pesticide Product and Label System | US EPA. EPA anticipates updates for the 2025 growing season to be detailed in the Federal Register Notices that will publish this year, and EPA will continue to update this FAQ page with that information as it becomes available. It should be noted that several states have prohibited the use of chlorpyrifos, including California, Hawaii, New York, Maryland, and Oregon. Users should check with their state if there is a question about chlorpyrifos use.
In addition, EPA has amended existing stocks provisions for three ADAMA chlorpyrifos pesticide products on March 15, 2024. ADAMA previously cancelled all food uses for their chlorpyrifos products but requested amendments to the existing stocks clause of the final cancellation orders to allow use of existing stocks for a limited time. EPA has amended the existing stocks provisions for the May 4, 2023, and November 6, 2023, cancellation orders for the three ADAMA products. The existing stocks timeframes are listed in the documents linked below in question 6.
EPA has also amended existing stocks provisions for three Winfield Solutions chlorpyrifos pesticide products and two Liberty chlorpyrifos pesticide products on June 18, 2024. The amendments to the existing stocks provisions also apply to any supplemental distributor product for these registrations. Winfield and Liberty previously cancelled these registrations but requested amendments to the existing stocks clauses of the final cancellations orders to allow use of existing stocks for a limited time. EPA has amended the August 31, 2022, and May 4, 2023, final cancellation orders for these products. The existing stocks timeframes are listed in the documents linked below in question 6.
2. What does the reinstatement of chlorpyrifos tolerances mean for cancelled products?
Final cancellation orders, including terms for existing stocks of products subject to those cancellation orders and related return programs for chlorpyrifos products, remain in place, unless and until amended by EPA. Registrants that are interested in making their cancelled uses or registrations available for use again will have to submit registration applications through EPA’s Registration Division.
This year, EPA intends to issue a proposed rule revoking all tolerances except those associated with the 11 uses identified in EPA’s 2020 PID and to provide an opportunity for public comment on this proposed rule. The Agency intends to issue a final rule soon after considering public comments.
4. What are the 11 uses from the 2020 Chlorpyrifos Proposed Interim Decision for which EPA will retain tolerances?
The 11 uses are: alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, wheat (spring and winter).
5. What other restrictions are expected for these 11 uses?
The 2020 PID and the updated drinking water assessment (DWA) assessed risk from the 11 uses assuming certain geographic, application rate, and maximum number of applications per year restrictions. For each of the 11 permitted use sites, use is restricted to the subset of states as identified in the table below.
| Use Site | State |
|---|---|
| Alfalfa | AZ, CO, IA, ID, IL, KS, MI, MN, MO, MT, ND, NE, NM, NV, OK, OR, SD, TX, UT, WA, WI, WY |
| Apple | AL, DC, DE, GA, ID, IN, KY, MD, MI, NJ, NY, OH, OR, PA, TN, VA, VT, WA, WV |
| Asparagus | MI |
| Cherry (tart) | MI |
|
Citrus |
AL, FL, GA, NC, SC, TX |
| Cotton | AL, FL, GA, NC, SC, VA |
| Peach | AL, DC, DE, FL, GA, MD, MI, NC, NJ, NY, OH, PA, SC, TX, VA, VT, WV |
| Soybean | AL, CO, FL, GA, IA, IL, IN, KS, KY, MN, MO, MT, NC, ND, NE, NM, OH, OK, PA, SC, SD, TN, TX, VA, WI, WV, WY |
| Strawberry | OR |
| Sugar beet | IA, ID, IL, MI, MN, ND, OR, WA, WI |
| Wheat (Spring) | CO, KS, MO, MT, ND, NE, SD, WY |
| Wheat (Winter) | CO, IA, KS, MN, MO, MT, ND, NE, OK, SD, TX, WY |
The application rate and maximum number of applications per year restrictions varies by use site. Additional information can be found in the 2020 updated DWA and the 2020 PID:
- PID (Table 10, page 40): https://www.regulations.gov/document/EPA-HQ-OPP-2008-0850-0971
- DWA: https://www.regulations.gov/document/EPA-HQ-OPP-2008-0850-0941
It should be noted that since the issuance of the 2020 PID, several states have prohibited use of chlorpyrifos, including California, Hawaii, New York, Maryland, and Oregon. Users should check with their state if there is a question about chlorpyrifos use. EPA may propose additional mitigation measures in the future as chlorpyrifos is currently undergoing registration review.
6. What products have been cancelled or amended and may not be used on food crops?
Since the tolerances were revoked, several registered chlorpyrifos products have been cancelled or amended to terminate food uses.
Products that have been amended and may not be used on food crops, except in accordance with existing stocks provisions, are:
| Registrant | EPA Reg. No. | Name | Federal Register Notice |
|---|---|---|---|
| AAKO B.V. | 85724-10 | Akofos 48 EC | https://www.federalregister.gov/documents/2023/11/06/2023-24462/final-cancellation-order-for-certain-chlorpyrifos-registrations-and-uses |
| Chemstarr, LLC | 81964-21 | Chlorpyrifos 61.5% MUP | https://www.federalregister.gov/documents/2024/08/07/2024-17453/chlorpyrifos-final-cancellation-order-for-certain-pesticide-registrations-and-amendment-of-certain |
| Tide International | 84229-20 | Chlorpyrifos 4 EC | https://www.federalregister.gov/documents/2024/08/07/2024-17453/chlorpyrifos-final-cancellation-order-for-certain-pesticide-registrations-and-amendment-of-certain |
Products that have been cancelled and may not be used on food crops, except in accordance with existing stocks provisions, are:
Products that have food uses that have been amended or cancelled with the following existing stocks provisions:
- Sale and distribution of existing stocks the following is permitted until April 30, 2025:
- Bifenchlor (EPA Reg. No. 86363-11)
- Chlorpyrifos 4E AG and Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19)
- Vulcan (EPA Reg. Nos. 66222-233)
- Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20)
- Liberty Chlorpyrifos 4E (EPA Reg. No. 89168-24)
- CPF 15G (EPA Reg. No. 83222-34)
- Use of existing stocks of Bifenchlor, Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, Vulcan, Liberty Chlorpyrifos Bifenthrin, Liberty Chlorpyrifos 4E, Tundra Supreme, CPF 4E, CPF 15G on food, food processing sites, and food manufacturing sites must be consistent with the product labeling. Such use is permitted until June 30, 2025.
- After these dates, all respective sale, distribution, and use of existing stocks is prohibited, except for sale and distribution for export and for proper disposal.
| Registrant | EPA Reg. No. | Name | Federal Register Notice |
|---|---|---|---|
| ADAMA | 66222-19 | Chlorpyrifos 4E AG (alternate brand name Quali-Pro Chlorpyrifos 4E) | https://www.federalregister.gov/documents/2024/03/15/2024-05594/chlorpyrifos-amendment-to-existing-stocks-provisions-in-adama-product-cancellation-orders?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov |
| ADAMA | 66222-233 | Vulcan | |
| Kaizen | 86363–11 | Bifenchlor | https://www.federalregister.gov/documents/2024/09/16/2024-21004/chlorpyrifos-amendment-to-existing-stocks-provisions-in-kaizen-product-cancellation-orders |
| Liberty Crop Protection, LLC | 89168-20 | Liberty Chlorpyrifos Bifenthrin | Federal Register: Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield and Liberty Product Cancellation Orders |
| Liberty Crop Protection, LLC | 89168-24 | Liberty Chlorpyrifos 4E | |
| Winfield Solutions, LLC | 83222-20 | CPF 4E |
7. When does EPA plan to approve amended labels deleting all food uses except for the 11?
EPA is working with registrants as they submit their amended labels and anticipates reviewing labels for approval as soon as possible.
8. What are the next steps in registration review for chlorpyrifos?
EPA is updating the human health risk assessment (HHRA). The conclusions from that assessment will inform any updates to the proposed mitigation measures from the 2020 PID. EPA anticipates issuing the updated human health risk assessment and an amended PID in early 2025. The amended PID and updated HHRA will be available for a 60-day public comment period.
9. Has a decision been made regarding the 10X FQPA Safety Factor?
In the chlorpyrifos PID issued in December 2020, EPA retained the FQPA 10X safety factor in its human health risk assessment in order “to take into account potential pre- and post-natal toxicity and completeness of the data with respect to exposure and toxicity to infants and children.” FFDCA § 408(b)(2)(C). There has not been a change to the FQPA safety factor for chlorpyrifos at this time. If there are any additional considerations for the chlorpyrifos FQPA safety factor, EPA anticipates issuing an updated human health risk assessment with the amended chlorpyrifos PID in early 2025.
10. What uses are considered to be food uses?
Chlorpyrifos food uses include:
- Terrestrial Food Crops and Greenhouse Food Crops including: Alfalfa, apple, asparagus, banana, bean (snap, lima), beet (sugar, table, including crops grown for seed), blueberry, brassica (cole) leafy vegetables (bok choy, broccoli rabe, broccoli, Brussels sprout, cabbage, Chinese cabbage, cauliflower, collard, kale, kohlrabi), caneberry, cherimoya, cherry (sour, sweet), citrus (lemon, orange, grapefruit and citrus, other), citrus orchard floor, corn (field, sweet, including crops grown for seed), cotton, cranberry, cucumber, date, feijoa, fig, grape, kiwifruit, leek, legume vegetables, mint, nectarine, onion (dry bulb), pea, peach, peanut, pear, pepper, plum, prune, pumpkin, radish (including crops grown for seed), rutabaga, sapote, seed and pod vegetables, sorghum (grain, milo), soybean, strawberry, sugarcane, sunflower, sweet potato, tree nuts (almond, filbert, pecan, walnut, other), turnip, wheat, and seed treatment.
- Food handling establishments, including food processing and food manufacturing establishments.
- Commercial Livestock Uses: Poultry houses, turkey barns, swine barns, dairy barns/areas, hog barns, empty chicken houses, calf hutches, calving pens, milking parlors, and milk rooms.
11. What uses are considered to be non-food uses?
- Ornamentals: Commercial production only (flowers, shrubs, evergreens, vines, shade, and flowering trees in nurseries or greenhouses only); Christmas trees; forest tree nurseries; commercial sod farms.
- Applications of chlorpyrifos to or around fruit and nut trees (almonds, citrus, filbert, apple, cherry, nectarine, peach, pear, plum, prune) are considered a non-food use provided applications are made to non-bearing trees (i.e., trees without fruit present at the time of application and that will not bear fruit within one year).
- Crops grown for seed (including grass): Food, feed, and non-food crops grown for seed are considered to be non-food/non-feed uses when covered by the following label restrictions:
- There are extensive restrictions on the label for the pesticide used for treating the seed, including that the seed harvested from the crop bears labels with a prohibition against human consumption or use as an animal feed.
- In addition, the label for the seed treatment pesticide states that "no portion of this seed crop may be used or distributed for food or feed for 1 year (365 days) after the last application of this product;" this includes all portions of the crop (e.g., forage, hay, meal, roots) and extends to grazing of animals in the fields.
- Forest trees: Plantations, forest seed orchards, felled trees, cut stumps.
- Tobacco.
- Commercial indoor non-residential: Warehouses, ship holds, railroad boxcars, industrial plants, or containerized baits.
- Outdoor residential public health uses: fire ant mound (individual), mosquito control.
- Outdoor non-residential: Golf courses, road medians, industrial plants, fence posts, utility poles, railroad ties, landscape timbers, logs, poles, and posts.
- Indoor residential: Ant and roach bait (containerized).
- Commercial outdoor: Underground utility cables and conduits; turf and ornamentals in road medians and industrial plant sites; interior treatment of warehouses, railroad boxcars, industrial plants, and manufacturing plants.
- Turf: Golf course turf, turf in road medians, and turf in industrial plant sites.
- Public health: USDA quarantine (i.e., soil treatment of containerized plants) in nurseries and greenhouses; fire ant mounds (individual mounds), and mosquito control.
12. What are the next steps for implementing ESA or the NMFS Biological Opinion?
On Jan. 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) (together, “the Services”) based on the BE conclusions that these pesticides may affect certain listed species and/or their designated critical habitats. EPA remains in consultation with the FWS but has completed consultation on chlorpyrifos with the NMFS. On Mar. 2, 2022, EPA posted the NMFS draft biological opinion (BiOp) for chlorpyrifos, diazinon, and malathion for a 60-day public comment period. Public comments on NMFS draft revised BiOp were accepted for 60 days in docket EPA-HQ-OPP-2002-0172 at www.regulations.gov. On June 30, 2022, NMFS released its nationwide final BiOp for the organophosphate insecticides malathion, chlorpyrifos, and diazinon. EPA is taking the necessary steps to implement this BiOp. EPA implemented the BiOp for chlorpyrifos for the non-food-use pesticide products on March 29, 2024, with Bulletins and updated labels for these products. EPA anticipates completing implementation of the BiOp later this year for the chlorpyrifos products with food uses.
13. Will there be any changes to import tolerances for chlorpyrifos?
Food and feed imported to the United States must not have residue levels that exceed U.S. tolerances. At this time, all previous food and feed tolerances have been reinstated (see https://www.federalregister.gov/documents/2024/02/05/2024-02153/chlorpyrifos-reinstatement-of-tolerances). EPA intends to issue a new rule to revoke the tolerances for all food commodities except for the 11 uses cited in the December 2020 PID. Foods with chlorpyrifos residues that do not have a chlorpyrifos tolerance are not be allowed to be imported.