Christopher Wade, Pesticide Section Administrator, Delaware Department of Agriculture
On April 29, 2021, the United States Court of Appeals for the Ninth Circuit ordered EPA to issue a final rule concerning the chlorpyrifos tolerances by August 20, 2021. EPA was unable to conclude that the risk from aggregate exposure from the use of chlorpyrifos meets the safety standard of the Federal Food, Drug, and Cosmetic Act (FFDCA). Therefore, EPA revoked all tolerances of chlorpyrifos. The final rule went into effect on October 29, 2021. The tolerances for all commodities expire on February 28, 2022.
We have been following the process since 2019 when it was sent to the U.S. Court of Appeals for the Ninth Circuit. DDA has researched the use of this pesticide in Delaware, finding it used in some industries, but for the most part, it was minimal. The use of chlorpyrifos has been dwindling due to reduced production and the addition of safer alternatives registered to target pests.
The Delaware Department of Agriculture Pesticide Section is closely following the EPA’s tolerance revocations for chlorpyrifos. While we anticipate future guidance from the EPA, we want to provide the most up-to-date information regarding this tolerance revocation so that Delaware producers know the key dates outlined by the EPA. This will help to ensure that Delaware grown products are not affected by these changes. The EPA has posted answers to Frequently Asked Questions about the 2021 Final Rule Chlorpyrifos 2021 Final Rule, which will interest Delaware producers.