Aug 242021

EPA Bans Use of Chlorpyrifos (Pesticide) on All Food

Samuel B. Boxerman and Allison H. In
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The U.S. Environmental Protection Agency (EPA) issued a final rule that essentially bans the use of chlorpyrifos on all food. With this rule, EPA is revoking all “tolerances” for this pesticide, which establish an amount allowed for use on food. The agency took this action responding to an order from the U.S. Court of Appeals for the Ninth Circuit in League of United Latin American Citizens v. EPA, No. 19-71979, directing EPA to issue a final rule concerning the chlorpyrifos tolerance. According to the rule, EPA could not conclude with a reasonable certainty that no harm will result from aggregate exposure to the use of chlorpyrifos as required to be “safe” under the Federal Food, Drug, and Cosmetic Act. The rule will be effective 60 days after the date of publication in the Federal Register.

In its announcement of the rule, EPA identified its plan to issue a Notice of Intent to cancel registered uses of chlorpyrifos under the Federal Insecticide, Fungicide, and Rodenticide Act that are associated with the revoked tolerances.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

Allison H. In

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