New Update in the Fight Over Chlorpyrifos Insecticide

The EPA has announced a proposed rule that revokes all tolerances for chlorpyrifos, except for those associated with 11 food and feed crops that remain registered. EPA is taking this action in response to a decision by the U.S Court of Appeals for the Eighth Circuit. According to EPA, this action will support its efforts to cancel most uses of chlorpyrifos on food to reduce exposure and protect public health.

Chlorpyrifos is an organophosphate (OP) insecticide that was used for a large variety of agricultural uses, including soybeans, fruit and nut trees, vegetables, and other row crops, as well as non-food uses. At high levels, studies indicate OP exposures can result in numerous, varying health concerns.

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, effectively stopping the use of 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 Nov. 2, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated EPA’s August 2021 rule and reinstated the chlorpyrifos tolerances. On Feb. 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, and as a result of the court decision, all the chlorpyrifos tolerances have been reinstated and are currently in effect.

Since the Eighth Circuit issued its ruling, EPA has worked with the chlorpyrifos registrants to further reduce pesticide exposures by limiting the registered uses of chlorpyrifos on food to be consistent with the 11 uses referenced by the Eighth Circuit and identified in the 2020 Proposed Interim Registration Review Decision (PID). These 11 food uses are alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beets, and wheat (spring and winter) and are limited to specific states that were assessed in the 2020 PID.

The registration review process for chlorpyrifos is ongoing. EPA plans to issue an amended PID for chlorpyrifos for public comment followed by an Interim Decision in 2026.

For more information, visit epa.gov.