G/SPS/N/USA/3443  
16 February 2024  
(24-1410) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved:   
2. Agency responsible:  Environmental Protection Agency  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  All commodities  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Chlorpyrifos; Reinstatement of Tolerances. Final Rule . 
Language(s):  English . Number of pages:  3 
https://www.govinfo.gov/content/pkg/FR -2024-02-05/html/2024 -02153.htm  
6. Description of content:  The Environmental Protection Agency (EPA) is amending its 
regulations to reflect the current legal status of the chlorpyrifos tolerances following a 
court order vacating the Agency's revocation of those tolerances. EPA is issuing this as a 
final action that is effective upon publication sinc e this action simply conforms the 
regulations to reflect the tolerances that have already been legally reinstated by the 
court's order.  
Since the tolerances are currently in effect, growers can now use currently registered 
chlorpyrifos products on all crop s with reinstated tolerances, consistent with directions for 
use on those product labels. However, such uses may be subject to restrictions by 
individual states.  
The Eighth Circuit's decision stated that EPA should have considered modifying the 
tolerances in addition to complete revocation and noted that the Agency had "identified 
11 specific candidates" of food and feed crop uses whose tolerances could be modified in a 
Preliminary Interim Decision EPA issued in 2020. Thus, the Agency expects to 
expeditious ly propose a new rule to revoke the tolerances for all but 11 uses with 
additional restrictions for geographic location and rate of application to address safety of 
the tolerances, and potential restrictions for farmworker and other vulnerable populations,  
and vulnerable species and their habitats. Those 11 uses are: alfalfa, apple, asparagus, 
cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, wheat (spring), and 
wheat (winter). These 11 uses were identified in the December 2020 Chlorpyrifos Proposed 
Interim Decision  and represented about 55% of the total chlorpyrifos usage (a verage 
annual pounds applied) on agricultural commodities between 2014 -2018.  
EPA is also engaged in discussions with registrants of chlorpyrifos products to further 
reduce exposures associated with these 11 uses of chlorpyrifos. EPA will also consider the 
2020 Proposed Interim Decision and public comments received on that document.  
At this time, any existing final cancelation orders, including any terms for sale, 
distribution, and use of existing stocks of products subject to those cancelation orders and 
related return programs for chlorpyrifos products, remain in place, unless and until 
amended by EPA.  G/SPS/N/USA/3443  
 
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  7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for An imal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
https://www.govinfo.gov/content/pkg/FR -2021-08-30/html/2021 -18091.htm  
https://www.epa.gov/pesticide -worker -safety/epa -update -use-pesticide -chlorpyrifos -food 
(available in English)  
10. Proposed date of adoption (dd/mm/yy) : 5 February 2024  
Proposed date of publicati on (dd/mm/yy) : 5 February 2024  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : 5 February 2024  
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : Not applicable  
Agency or authority designated to handle comments: [  ] National Notification 
Authority, [  ] National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
Patricia Biggio, Pesticide Re - Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460 -
0001; Tel: +(202) 566 0700; E -mail: OPPChlorpyrifosInquiries@epa.gov  
13. Text(s) available from: [  ] National Notification Authority, [  ] National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
https://www.govinfo.gov/content/pkg/FR -2024-02-05/html/2024 -02153.htm