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EPA Proposes Rule to Limit Food Uses of Chlorpyrifos Following Legal Challenges

FFDCA
FIFRA
11
December 2024
•
350
Dr Steven Brennan
The EPA proposes revoking chlorpyrifos food tolerances for most uses to protect public health, with 11 crop exceptions.
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Summarise this article

The US Environmental Protection Agency (EPA) has proposed a rule to revoke food tolerances for the pesticide chlorpyrifos, allowing its use on only 11 specific crops, such as alfalfa, apples, and soybeans, within certain states. This decision follows a court ruling reinstating chlorpyrifos tolerances after the EPA's 2021 rule revoked them entirely. The EPA aims to prioritise public health, particularly protecting children from neurodevelopmental risks, while addressing agricultural needs. Public comments on the proposed rule are invited during a 60-day period, with further regulatory updates expected by 2026.

What crops are still allowed for chlorpyrifos use under the proposed EPA rule?

Chlorpyrifos can still be used on alfalfa, apples, asparagus, tart cherries, citrus, cotton, peaches, soybeans, strawberries, sugar beets, and wheat in specific states.

Why is the EPA proposing to limit chlorpyrifos uses?

The EPA's proposal is driven by court rulings and scientific evidence suggesting significant risks, especially to children's health, from chlorpyrifos exposure. This rule aims to reduce overall usage and exposure while retaining certain agricultural benefits.

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On 2 December 2024, the US Environmental Protection Agency (EPA) proposed a significant rule to revoke food tolerances for the widely used insecticide chlorpyrifos, except for 11 specified crops. This move comes after a court ruling vacated an earlier EPA decision, reinstating tolerances for the chemical. The proposal aims to prioritise public health, particularly safeguarding children, while addressing legal and agricultural complexities.

Chlorpyrifos: A Controversial History

Chlorpyrifos, a powerful organophosphate pesticide, has been in use since 1965 for controlling various pests in agriculture. Its widespread use, however, has raised concerns due to its potential neurodevelopmental effects on children and other vulnerable populations. Legal and scientific debates about its safety have been ongoing for years​​.

Recent Legal Developments

In August 2021, the EPA revoked all chlorpyrifos tolerances based on health risks. However, a November 2023 decision by the US Court of Appeals for the Eighth Circuit found the EPA's rule insufficiently considered modifying rather than revoking tolerances. This reinstated tolerances for chlorpyrifos and led to the EPA's current proposed rule​​​.

The New Proposal

The new EPA proposal limits chlorpyrifos use to 11 food crops, including alfalfa, apples, citrus, and soybeans, while reducing the geographic scope of its application. This action is expected to decrease chlorpyrifos usage by 70% from historical levels. The EPA also highlighted its commitment to conducting ongoing risk assessments to refine pesticide safety standards​​.

Public and Industry Impact

Farmworker and public health advocates have applauded the restriction, emphasising the importance of protecting children from harmful exposure. However, some agricultural stakeholders argue that limited use on certain crops is essential to control pests effectively​.

Next Steps

The EPA's proposed rule will be open for a 60-day public comment period before finalisation. The agency continues its broader registration review of chlorpyrifos, with an amended interim decision anticipated by 2026​​.

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