I have received questions concerning the current use of chlorpyrifos (Lorsban and generics) on registered food crops. You will undoubtedly hear a great deal about this at the end of the month as the rule which cancels all tolerances on food crops will go into effect on October 29; however, the tolerances do not expire until February 28, 2022.
What does this mean for use of chlorpyrifos on registered food crops in the near future. Basically, registered uses are legal until March 1, 2022. Crops treated prior to that date are subject to current tolerances (even after the tolerances are revoked), but keep your records of applications as proof. Any application of chlorpyrifos to a food crop after February 28, 2022 will render the crop adulterated (can not be harvested and sold).
Bottomline, if you are harvesting in April and treated your crop with chlorpyrifos in February or earlier, you are OK. If you are harvesting in April and treated your crop on March 1 or later, it is illegal.
FROM THE EPA WEB SITE:
This final rule is effective October 29, 2021. The tolerances for all commodities expire on February 28, 2022.
How does this decision impact current crops where chlorpyrifos was used and will be harvested this Fall 2021?
It is the timing of application that determines whether food treated with chlorpyrifos is adulterated. Until the date the tolerances expire, chlorpyrifos may be used on food commodities in accordance with label directions and the existing tolerances. These conditions are described in section 408(l)(5) of the Federal Food, Drug, and Cosmetic Act (FFDCA) and allow that residues of chlorpyrifos in or on the food after the tolerances expire would not render the food adulterated, as long as those conditions are met. After the tolerances are revoked, new applications of chlorpyrifos will render any food so treated adulterated and unable to be distributed in interstate commerce.