EPA Updates Chlorpyrifos Regulations Following Court Decision

Background of the Amendment

Last year, the EPA had issued cancellation orders for three of Adama's products, specifically targeting their use in food. These decisions were part of broader efforts under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to ensure the safe distribution and application of pesticides. However, the legal landscape shifted when the U.S. Court of Appeals for the Eighth Circuit vacated the EPA's rule that revoked all chlorpyrifos tolerances, leading to a reinstatement of certain uses for these chemicals.

Details of the New Provisions

The EPA's latest notice addresses the regulatory status of the following products:

• Pyrinex Chlorpyrifos Insecticide (EPA Reg. No. 11678–58)
• Chlorpyrifos 4E AG (also known as Quali-Pro Chlorpyrifos 4E, EPA Reg. No. 66222–19)
• Vulcan (EPA Reg. No. 66222–223)

These amendments will permit the continued sale and distribution of existing stocks of these specified products until predetermined deadlines. For example, existing stocks of Pyrinex Chlorpyrifos Insecticide are allowed to be sold and distributed until 30 June 2024, while Chlorpyrifos 4E AG and Vulcan have an extension until 30 April 2025. Usage of these products is bound to comply with their labelling, particularly for food, food processing sites, and food manufacturing sites, with a permitted use deadline until 30 June 2025.

Implications of the Amendment

This regulatory update not only underscores the EPA's adaptability in pesticide regulation but also highlights the complex balance between public health, environmental stewardship, and the adherence to legal standards. By modifying the existing stocks language for Adama's products, the EPA navigates the legal reversals while continuing its mission to protect public and environmental health.