USA - Most uses of chlorpyrifos in Oregon are prohibited effective January 1, 2024

Date:01-08-2024

In December 2020, ODA filed Oregon Administrative Rule (OAR) 603-057-0545, which phased out most uses of chlorpyrifos. While some elements of this rule were effective immediately, there are remaining elements of this rule that [went] into effect after December 31, 2023.

Starting January 1, 2024, chlorpyrifos-containing products may NOT be used, delivered, distributed, sold, offered for sale, or exposed for sale in Oregon, EXCEPT:

• When labeled for use as, and used as, a commercial pre-plant seed treatment, OR

• When formulated as, and used as, a granular product, OR

• When formulated as, and used as, an impregnated cattle ear tag.

Existing Stocks

Many chlorpyrifos registrants have developed return plans in coordination with the U.S. Environmental Protection Agency (EPA) for existing stocks of chlorpyrifos-containing products. If you have remaining stocks of chlorpyrifos-containing products, please contact the registrant listed on the main label or your dealer. You may also return these stocks at an ODA-organized pesticide waste collection event. For information on upcoming collection events, please visit https://oda.direct/PSP

EPA Update

In April 2021, EPA issued a rule which revoked all chlorpyrifos tolerances effective February 28, 2022. A tolerance is the maximum allowable residue of a pesticide on food. The decision to revoke all chlorpyrifos tolerances effectively ended the use on chlorpyrifos on food crops. This decision was made in response to a ruling by the 9th Circuit Court of Appeals and was challenged by a registrant and several grower groups. On November 2nd, 2023, the 8th Circuit Court of Appeals issued a ruling which vacated EPA’s rule to revoke all chlorpyrifos tolerances. The Court stated that EPA should have considered modifying certain tolerances to protect human health, rather than revoking all of them.

EPA has NOT yet re-established any tolerances, and therefore chlorpyrifos at this time may still NOT be used on any food or feed crops. EPA plans to propose a rule to reestablish chlorpyrifos tolerances on certain uses. If and when EPA re-establishes any chlorpyrifos tolerances, an update will be posted to https://oda.direct/rulemaking and an additional advisory will be sent out.