The U.S. Environmental Protection Agency (EPA) has issued an amendment to the existing stocks provisions for Kaizen Technologies LLC's chlorpyrifos end-use product, "Bifenchlor," allowing limited-time sale, distribution, and use. This change comes in response to a 2023 court decision that reinstated tolerances for chlorpyrifos products that had previously been voluntarily canceled.
Background on Chlorpyrifos and Regulatory Actions
Chlorpyrifos is an organophosphate insecticide commonly used on various food crops such as soybeans, fruit and nut trees, broccoli, and cauliflower. In August 2021, the EPA revoked all tolerances for chlorpyrifos, effectively banning its use on food and animal feed. This action was prompted by an April 2021 order from the U.S. Court of Appeals for the Ninth Circuit, which required the EPA to address the use of chlorpyrifos in food or feed crops without further public comment or investigation.
Court Reinstatement and EPA's Amendment
On November 2, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated the EPA's 2021 rule that revoked all chlorpyrifos tolerances, reinstating them. Consequently, in February 2024, the EPA amended the Code of Federal Regulations to reflect this reinstatement. As a result, all chlorpyrifos tolerances are currently back in effect.
The EPA plans to issue a proposed rule later this year to revoke tolerances for all but 11 food and feed crop uses identified in the 2020 Proposed Interim Decision. Retaining only these 11 uses could reduce the average annual application of chlorpyrifos in the U.S. by 70% compared to historical levels.
Specifics on the "Bifenchlor" Amendment
The EPA's amendment allows the sale and distribution of the Kaizen chlorpyrifos end-use product "Bifenchlor" (Reg. No. 86363-11), which was voluntarily canceled on August 31, 2022. This amendment aligns the existing stock provisions for "Bifenchlor" with other chlorpyrifos products. The sale and distribution of existing stocks are now permitted until April 30, 2025, with use permitted until June 30, 2025. These activities must comply with the terms of the final cancellation order and its existing stock provisions.
