EPA ruling on Chlorpyrifos tolerances
EPA is revoking all tolerances for residues of chlorpyrifos.
Under orders from the U.S. 9th Circuit Court of Appeals, the Environmental Protection Agency (EPA) issued a final rule concerning chlorpyrifos tolerances on food crops. EPA concluded that based on the currently available data, it could not assure that risks from aggregate exposure from the use of chlorpyrifos meet the safety standard of the Federal Food, Drug, and Cosmetic Act (FFDCA). This final rule is effective Oct. 29, 2021, and written objections (identified by the docket identification number EPA-HQ-OPP-2021-0523) must be received by this date.
In this final rule, EPA is revoking tolerances for residues of chlorpyrifos for all food and feed commodities, which will expire Feb. 28, 2022. The EPA final rule states that, “Any commodities listed in this rule treated with the pesticide subject to this rule, and in the channels of trade following the tolerance revocations, shall be subject to FFDCA section 408(l)(5). Under this section, any residues of these pesticides in or on such food shall not render the food adulterated so long as it is shown to the satisfaction of the Food and Drug Administration that:
- The residue is present as the result of an application or use of the pesticide at a time and in a manner that was lawful under FIFRA, and
- The residue does not exceed the level that was authorized at the time of the application or use to be present on the food under a tolerance or exemption from tolerance that was in effect at the time of the application. Evidence to show that food was lawfully treated may include records that verify the dates when the pesticide was applied to such food.”