This week, the U.S. Environmental Protection Agency (EPA) is issuing a notice of intent to cancel (NOIC) three products containing the pesticide chlorpyrifos and is publishing a notice of receipt of voluntary requests submitted by some chlorpyrifos registrants to cancel 14 chlorpyrifos pesticide registrations and terminate food uses for three chlorpyrifos pesticide registrations.
These actions are the latest efforts by the Agency to cancel the use of chlorpyrifos on food consistent with its earlier revocation of chlorpyrifos tolerances — which is the amount of a pesticide that is allowed on food. Chlorpyrifos has been found to inhibit an enzyme that leads to neurotoxicity, including potential neurodevelopmental effects in children. As a result of the revocation, chlorpyrifos can no longer be used on or registered for food without resulting in adulterated food.
Previously, chlorpyrifos, an organophosphate insecticide, was used for use on a large variety of agricultural crops, including soybeans, fruit and nut trees, broccoli, cauliflower, and other row crops. Based on data from 2012-2018, the cancellation of food uses represented over 95% of the total chlorpyrifos use. Additionally, the insecticide is used for non-food uses, which are unaffected by these actions.
In August 2021, EPA issued a final rule in response to the Ninth Circuit Court of Appeals’ order for EPA to either modify the chlorpyrifos tolerances and issue a finding that the modified tolerances are safe or revoke the tolerances. In the final rule, EPA determined that the aggregate exposures from use of chlorpyrifos did not meet the legally required safety standard to assure a reasonable certainty that no harm will result from such exposures. In February 2022, EPA denied the objections filed in response to the final rule. Thereafter, all chlorpyrifos tolerances expired and products containing the pesticide could no longer bear labeling for use on food.
EPA requested that registrants of pesticides containing chlorpyrifos submit registration amendments to remove all food uses from product labels or submit requests to either voluntarily cancel products with food uses or to terminate food uses from registered products. All but one registrant did so.
The remaining registrant, Gharda, submitted a request to remove some uses but failed to submit a request and/or label amendments to remove all food uses to conform their product registrations with the fact that the tolerances for chlorpyrifos have been revoked.
Therefore, EPA is issuing a NOIC for the following Gharda products, which contain label instructions for use on food:
- EPA Reg. No. 93182-3 Chlorpyrifos Technical;
- EPA Reg. No. 93182-7 Pilot 4E Chlorpyrifos Agricultural Insecticide; and
- EPA Reg. No. 93182-8 Pilot 15G Chlorpyrifos Agricultural Insecticide.
- Gharda makes the necessary corrections to its cancellation requests and label amendments to ensure the products will meet the FIFRA registration standard; or
- Gharda or a person adversely affected by the NOIC makes a timely and adequate request to EPA for a hearing. If a hearing is requested, it will be conducted according to the requirements of section 6(b) of FIFRA (U.S. Code Title 7, Chapter 6, subchapter II, section 136d(b)) and the Agency's Procedural Regulations at 40 CFR Part 164.
Voluntary Cancellations
In addition, EPA is issuing a Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations to Terminate/Amend Certain Uses for certain registrants that submitted amendments and voluntary cancellations.
Upon publication of the Federal Register notice, public comments will be accepted for 60 days in docket EPA-HQ-OPP-2022-0223 at www.regulations.gov. EPA will consider comments received and determine the appropriate outcome for addressing the requests for voluntary cancellation, which typically includes a cancellation order consistent with the requests. The Agency issued a cancellation order for one set of voluntary cancellation requests in August 2022 and will continue to process the remaining voluntary requests and amendments it received. EPA will issue a notice(s) of receipt of voluntary cancellation requests and/or requests to terminate uses as those requests are processed.
Any existing stocks of products associated with the NOIC or voluntary cancellations will be governed by the existing stocks provisions of an applicable cancellation order. Until the cancellation order goes into effect, the products are not cancelled.
Registration Review of Non-Food Uses
Chlorpyrifos is also undergoing the registration review process for the remaining non-food uses. EPA’s review may involve the proposal of additional measures to reduce human health and ecological risks associated with the remaining registered uses. More information on the registration review process is available online.
All chlorpyrifos registration review documents are available in the chlorpyrifos registration review docket EPA-HQ-OPP-2008-0850 at www.regulations.gov.
More information about chlorpyrifos is available on EPA’s website.
Original source can be found here
