14 Mar EPA Update on Existing Stocks Provisions for Three Chlorpyrifos Products
The U.S. Environmental Protection Agency (EPA) is issuing an update on existing stocks provisions for three chlorpyrifos pesticide products made by the company Adama – Pyrinex Chlorpyrifos Insecticide (EPA Reg. No. 11678-58), Chlorpyrifos 4E AG (alternate brand name Quali-Pro Chlorpyrifos 4E) (EPA Reg. No. 66222-19), and Vulcan (EPA Reg. No. 66222-223).
After the dates listed below, all respective sale, distribution, and use of existing stocks is prohibited, except for sale and distribution for export and for proper disposal. In a final rule issued in August 2021, EPA revoked all tolerances for chlorpyrifos, which establish an amount of chlorpyrifos that is allowed on food.
This action stopped the use of the pesticide chlorpyrifos on all food and animal feed. EPA took this action in response to an April 2021 order from the U.S. Court of Appeals for the Ninth Circuit for the Agency to issue—within 60 days—a final rule addressing the use of chlorpyrifos in food or feed crops, without taking public comment or engaging in “further fact-finding.”
On May 4, 2023, EPA granted Adama’s request to cancel food uses and the tobacco use of its three chlorpyrifos products, consistent with EPA’s Cancellation Order for Certain Chlorpyrifos Registrations and Uses that noted that all chlorpyrifos tolerances had been revoked.
In addition, on November 6, 2023, EPA granted Adama’s request to terminate the food processing and food manufacturing site uses on those same three chlorpyrifos products.
On December 28, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated EPA’s August 2021 rule revoking all tolerances. On February 5, 2024, EPA issued a Federal Register notice to amend the Code of Federal Regulations to reflect the court’s reinstatement of those tolerances. At this time, all the chlorpyrifos tolerances have been reinstated and are currently in effect. Adama has requested amendments to the cancellation orders governing disposition of their existing stocks to allow for sale, distribution, and use.
Existing stocks for the products identified below are those stocks of registered pesticide products that are currently in the United States. These products must have been packaged, labeled, and released for shipment prior to May 4, 2023 (for termination of food uses and tobacco use) and prior to November 6, 2023 (for termination of food processing and food manufacturing uses).
At this time, EPA is amending the existing stocks provisions in the May 4 and November 6 cancellation orders as follows:
- Sale and distribution of existing stocks of Pyrinex Chlorpyrifos Insecticide (EPA Reg. No. 11678-58) is permitted until June 30, 2024.
- Sale and distribution of existing stocks of Chlorpyrifos 4E AG and Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19) and Vulcan (EPA Reg. Nos. 66222-233) is permitted until April 30, 2025.
- Use of existing stocks of Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, and Vulcan on food, food processing sites, and food manufacturing sites must be consistent with the product labeling. Such use is permitted until June 30, 2025.
- Use of existing stocks Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, and Vulcan for non-food purposes is permitted until existing stocks are exhausted, as long as such use is in accordance with the labeling.
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.