EPA Takes Next Step to Keep Chlorpyrifos Out of Food, Protecting Farmworkers and Children’s Health

WASHINGTON (Feb. 25, 2022) - Today, as part of the Biden-Harris Administration’s commitment to protect human health, including that of children and farmworkers, the U.S. Environmental Protection Agency (EPA) is taking the next step to discontinue use of the pesticide chlorpyrifos on food by denying objections to EPA’s rule revoking all chlorpyrifos tolerances.

"Today’s action shows how EPA continues to put the health and safety of the public first, particularly that of children and farmworkers” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “After more than a decade of studying a large body of science, EPA is taking the next step towards the cancellation of the use of chlorpyrifos on food.”

In August 2021, EPA issued a final rule revoking all tolerances — which establish an amount of a pesticide that is allowed on food — for chlorpyrifos. Previously, chlorpyrifos was used for a large variety of agricultural uses, including soybeans, fruit and nut trees, broccoli, cauliflower, and other row crops. It has been found to inhibit an enzyme, which leads to neurotoxicity, and has also been associated with potential neurodevelopmental effects in children.

EPA issued the August 2021 final rule in response to the Ninth Circuit Court’s order directing the agency to issue a final rule in response to Pesticide Action Network North America and Natural Resources Defense Council’s 2007 petition. This petition requested that EPA revoke all chlorpyrifos tolerances because they were not safe.

In issuing the final rule, EPA found it could not determine that there is a reasonable certainty of no harm from aggregate exposure to chlorpyrifos — including food, drinking water, and residential exposure — based on available data and considering its registered uses. EPA’s evaluation indicated that registered uses of chlorpyrifos result in exposures exceeding the safe levels of exposure, and thus have the potential to result in adverse effects.

After issuing the August 2021 final rule and consistent with the Federal Food, Drug and Cosmetic Act, EPA provided an opportunity for any person to file an objection to any aspect of the final rule and request a hearing on those objections. The deadline for all objections and hearing requests was Oct. 29, 2021. The concerns raised in the objections include the scope of the revocation of tolerances, economic and environmental impacts of the revocation, and the implementation timeframe.

Under today’s action and after careful consideration, EPA is denying all objections, hearing requests, and requests to stay the final rule filed during the period for submitting responses to the final rule. EPA will also provide a copy of its response to objections and the accompanying order in the chlorpyrifos final rule docket EPA-HQ-OPP-2021-0523 at www.regulations.gov.

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