Recently, the U.S. Environmental Protection Agency (EPA) revised the existing stockpile provisions for the chlorpyrifos end-product ″Bifenchlor″ manufactured by Kaizen Technologies LLC (Kaizen), which now allows for the sale and distribution through April 30, 2025, and the use of existing stockpiles through June 30, 2025, as permitted. Any distribution, sale or use of existing inventory of this product is permitted solely pursuant to the terms of the Final Cancellation Order and the existing inventory provisions of the Final Cancellation Order, as amended.
The product was voluntarily cancelled on August 31, 2022.The August 2022 order stated that all residue limits for chlorpyrifos had been withdrawn, and therefore all applications on food, as well as the sale and distribution of existing stockpiles of the product identified in the order, were inconsistent with the purposes of the Federal Insecticide, Fungicide, and Rodenticide Act, and that existing stockpiles were permissible only for export or for proper disposal.
Chlorpyrifos, which was widely used in a variety of food crops and non-food applications, was banned from use in food and animal feed by EPA in an August 2021 final rule that withdrew all of its residue limits in light of its potential risks. The decision was in response to an order from the U.S. Court of Appeals for the Ninth Circuit requiring EPA to promptly address the use of chlorpyrifos.
However, the U.S. Court of Appeals for the Eighth Circuit reversed the EPA ban on December 28, 2023, reinstating the residue limits for chlorpyrifos. In response, EPA published a notice in the Federal Register on February 5, 2024, announcing changes to the Code of Federal Regulations to reflect the court's ruling. All chlorpyrifos residue limits have now been reinstated and are in effect.
EPA expects to issue a proposed rule later this year to further restrict the use of chlorpyrifos. based on available data, the retention of residue limits for only 11 food uses is expected to result in a 70 percent reduction in the average amount of chlorpyrifos used in the U.S. each year compared to historical use.
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