II 

116TH CONGRESS 

1ST SESSION S. 921 

To prohibit the use of chlorpyrifos on food, to prohibit the registration 

of pesticides containing chlorpyrifos, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2019 

Mr. UDALL (for himself, Mr. BLUMENTHAL, Mr. BOOKER, Mr. CARDIN, Mrs. 

FEINSTEIN, Mrs. GILLIBRAND, Ms. HARRIS, Mr. LEAHY, Mr. MARKEY, 

Mr. MERKLEY, Mr. SANDERS, Mr. VAN HOLLEN, Mr. WHITEHOUSE, and 

Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To prohibit the use of chlorpyrifos on food, to prohibit the 

registration of pesticides containing chlorpyrifos, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Children, 

5 Farmers, and Farmworkers from Nerve Agent Pesticides 

6 Act of 2019’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds as follows: 


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1 (1) In 1996, Congress unanimously passed the 

2 Food Quality Protection Act of 1996 (Public Law 

3 104–170; 110 Stat. 1489) (referred to in this sec4 tion as ‘‘FQPA’’), a comprehensive overhaul of Fed5 eral pesticide and food safety policy. That Act 

6 amended the Federal Insecticide, Fungicide, and 

7 Rodenticide Act (7 U.S.C. 136 et seq.) (referred to 

8 in this section as ‘‘FIFRA’’) and the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the 

10 laws that govern how the Environmental Protection 

11 Agency (referred to in this section as the ‘‘EPA’’) 

12 registers pesticides and pesticide labels for use in the 

13 United States and establishes tolerances or accept14 able levels for pesticide residues on food. 

15 (2) The FQPA directs the EPA to ensure with 

16 ‘‘reasonable certainty’’ that ‘‘no harm’’ will result 

17 from food, drinking water, and other exposures to a 

18 pesticide. If the EPA cannot make this safety find19 ing, it must prohibit residues and use of the pes20 ticide on food. The FQPA mandates that the EPA 

21 must consider children’s special sensitivity and expo22 sure to pesticide chemicals and must make an ex23 plicit determination that the pesticide can be used 

24 with a ‘‘reasonable certainty of no harm’’ to chil25 dren. In determining acceptable levels of pesticide 


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1 residue, the EPA must account for the potential 

2 health harm from pre- and postnatal exposures. The 

3 economic benefits of pesticides cannot be used to 

4 override this health-based standard for children from 

5 food and other exposures. 

6 (3) Chlorpyrifos is a widely used pesticide first 

7 registered by the EPA in 1965. Chlorpyrifos is an 

8 organophosphate pesticide, a class of pesticides de9 veloped as nerve agents in World War II and adapt10 ed for use as insecticides after the war. Chlorpyrifos 

11 and other organophosphate pesticides affect the 

12 nervous system through inhibition of cholinesterase, 

13 an enzyme required for proper nerve functioning. 

14 Acute poisonings occur when nerve impulses pulsate 

15 through the body, causing symptoms like nausea, 

16 vomiting, convulsions, respiratory paralysis, and, in 

17 extreme cases, death. Based on dozens of peer-re18 viewed scientific articles, the EPA determined that 

19 exposure during pregnancy to even low levels of 

20 chlorpyrifos that caused only minimal cholinesterase 

21 inhibition (10 percent or less) in the mothers could 

22 lead to measurable long-lasting and possibly perma23 nent neurobehavioral and functional deficits in pre24 natally exposed children. 


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1 (4) People, including pregnant women, are ex2 posed to chlorpyrifos through residues on food, con3 taminated drinking water, and toxic spray drift from 

4 nearby pesticide applications. Chlorpyrifos is used on 

5 an extensive variety of crops, including fruit and nut 

6 trees, vegetables, wheat, alfalfa, and corn. Between 

7 2006 and 2012, chlorpyrifos was applied to more 

8 than 50 percent of the Nation’s apple and broccoli 

9 crops, 45 percent of onion crops, 46 percent of wal10 nut crops, and 41 percent of cauliflower crops. 

11 (5) Chlorpyrifos is acutely toxic and associated 

12 with neurodevelopmental harms in children. Prenatal 

13 exposure to chlorpyrifos is associated with elevated 

14 risks of reduced IQ, loss of working memory, delays 

15 in motor development, attention-deficit disorders, 

16 and structural changes in the brain. 

17 (6) There is no nationwide chlorpyrifos use re18 porting. The United States Geological Survey esti19 mates annual pesticide use on agricultural land in 

20 the United States, and estimates that chlorpyrifos 

21 use on crops in 2014 ranged from 5,000,000 to 

22 7,000,000 pounds of chlorpyrifos. 

23 (7) In its 2016 report, the Federal Insecticide, 

24 Fungicide, and Rodenticide Act Scientific Advisory 

25 Panel recognized ‘‘the growing body of literature 


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1 with laboratory animals (rats and mice) indicating 

2 that gestational and/or early postnatal exposure to 

3 chlorpyrifos may cause persistent effects into adult4 hood along with epidemiology studies which have 

5 evaluated prenatal chlorpyrifos exposure in mother6 infant pairs and reported associations with neurode7 velopment outcomes in infants and children.’’. 

8 (8) Chlorpyrifos has long been of concern to the 

9 EPA. Residential uses of chlorpyrifos ended in 2000 

10 after the EPA found unsafe exposures to children. 

11 The EPA also discontinued use of chlorpyrifos on to12 matoes and restricted its use on apples and grapes 

13 in 2000, and obtained no-spray buffers around 

14 schools, homes, playfields, day cares, hospitals, and 

15 other public places, ranging from 10 to 100 feet. In 

16 2015, the EPA proposed to ban all chlorpyrifos food 

17 tolerances, based on unsafe drinking water contami18 nation, which would end use of chlorpyrifos on food 

19 in the United States. After updating the risk assess20 ment for chlorpyrifos in November 2016 to protect 

21 against prenatal exposures associated with brain im22 pacts, the EPA found that expected residues from 

23 use on food crops exceeded the safety standard, and 

24 additionally the majority of estimated drinking water 

25 exposures from currently allowed uses of chlorpyrifos 


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1 also exceeded acceptable levels, reinforcing the need 

2 to revoke all food tolerances for the pesticide. 

3 (9) Chlorpyrifos threatens the healthy develop4 ment of children. Children experience greater expo5 sure to chlorpyrifos and other pesticides because, 

6 relative to adults, they eat and drink more propor7 tional to their body weight. A growing body of evi8 dence shows that prenatal exposure to very low lev9 els of chlorpyrifos can lead to lasting and possibly 

10 permanent neurological impairments. In November 

11 2016, the EPA released a revised human health risk 

12 assessment for chlorpyrifos that confirmed that 

13 there are no acceptable uses for the pesticide, all 

14 food uses exceed acceptable levels, with children ages 

15 1 to 2 exposed to levels of chlorpyrifos that are 140 

16 times what the EPA considers acceptable. 

17 (10) Chlorpyrifos threatens agricultural work18 ers. Farm workers are exposed to chlorpyrifos from 

19 mixing, handling, and applying the pesticide, as well 

20 as from entering fields where chlorpyrifos was re21 cently sprayed. Chlorpyrifos is one of the pesticides 

22 most often linked to acute pesticide poisonings, and 

23 in many States, it is regularly identified among the 

24 5 pesticides linked to the highest number of pes25 ticide poisoning incidents. This is significant given 


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1 widespread underreporting of pesticide poisonings 

2 due to such factors as inadequate reporting systems, 

3 fear of retaliation from employers, and reluctance to 

4 seek medical treatment. According to the EPA, all 

5 workers who mix and apply chlorpyrifos are exposed 

6 to unsafe levels of the pesticide even with maximum 

7 personal protective equipment and engineering con8 trols. Field workers are currently allowed to re-enter 

9 fields within 1 to 5 days after chlorpyrifos is sprayed 

10 based on current restricted entry intervals on the 

11 registered chlorpyrifos labels but unsafe exposures 

12 continue on average 18 days after applications. 

13 (11) Chlorpyrifos threatens families in agricul14 tural communities. Rural families are exposed to un15 safe levels of chlorpyrifos on their food and in their 

16 drinking water. They are also exposed to toxic levels 

17 of chlorpyrifos when it drifts from the fields to 

18 homes, schools, and other places people gather. The 

19 EPA’s 2016 revised human health risk assessment 

20 found that chlorpyrifos drift reaches unsafe levels at 

21 300 feet away from the edge of the treated field, and 

22 the chemical chlorpyrifos is found at unsafe levels in 

23 the air at schools, homes, and communities in agri24 cultural areas. The small buffers put in place in 


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1 2012 leave children unprotected from this toxic pes2 ticide drift. 

3 (12) Chlorpyrifos threatens drinking water. The 

4 EPA’s 2014 and 2016 risk assessments have found 

5 that chlorpyrifos levels in drinking water are unsafe. 

6 People living and working in agricultural commu7 nities are likely to be exposed to higher levels of 

8 chlorpyrifos and other organophosphate pesticides in 

9 their drinking water. 

10 (13) In 2015, leading scientific and medical ex11 perts, along with children’s health advocates, came 

12 together, under ‘‘Project TENDR: Targeting Envi13 ronmental Neuro-Developmental Risks’’ (referred to 

14 in this section as ‘‘TENDR’’), to issue a call to ac15 tion to reduce widespread exposures to chemicals 

16 that interfere with fetal and children’s brain develop17 ment. Based on the available and peer-reviewed sci18 entific evidence, the TENDR authors identified 

19 prime examples of neurodevelopmentally toxic chemi20 cals ‘‘that can contribute to learning, behavioral, or 

21 intellectual impairment, as well as specific 

22 neurodevelopmental disorders such as ADHD or au23 tism spectrum disorder,’’ and listed organophosphate 

24 pesticides, among them. In 2018, leading scientists 

25 involved with TENDR published an article in PLOS 


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1 Medicine that found that prenatal exposure to 

2 organophosphate pesticides such as chlorpyrifos, 

3 even at low levels that were previously considered 

4 safe, are putting children at risk for cognitive and 

5 behavioral deficits and neurodevelopmental dis6 orders. The scientists recommended phasing out 

7 chlorpyrifos. 

8 (14) In August 2018, based on overwhelming 

9 findings that chlorpyrifos is unsafe for public health, 

10 and particularly harmful to children and farm11 workers, the United States Court of Appeals for the 

12 Ninth Circuit ordered the EPA to move forward 

13 with a ban of chlorpyrifos, stating that ‘‘the time 

14 has come to put a stop to this patent evasion’’ of the 

15 law. However, instead of complying with the court 

16 order, the EPA has appealed the ruling. 

17 SEC. 3. PROHIBITION ON USE OF CHLORPYRIFOS ON FOOD. 

18 Section 402 of the Federal Food, Drug, and Cosmetic 

19 Act (21 U.S.C. 342) is amended by adding at the end the 

20 following: 

21 ‘‘(j) Notwithstanding any other provision of law, if 

22 it bears or contains chlorpyrifos, including any residue of 

23 chlorpyrifos, or any other added substance that is present 

24 on or in the food primarily as a result of the metabolism 

25 or other degradation of chlorpyrifos.’’. 


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1 SEC. 4. PROHIBITION ON REGISTRATION OF PESTICIDES 

2 CONTAINING CHLORPYRIFOS. 

3 Section 3(f) of the Federal Insecticide, Fungicide, 

4 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

5 adding at the end the following: 

6 ‘‘(5) PROHIBITION ON REGISTRATION OF PES7 TICIDES CONTAINING CHLORPYRIFOS.— 

8 ‘‘(A) IN GENERAL.—The Administrator 

9 shall not register under this Act any pesticide 

10 containing chlorpyrifos as an active ingredient. 

11 ‘‘(B) CANCELLATION OF REGISTRA12 TIONS.—The Administrator shall cancel the 

13 registration under this Act of any pesticide con14 taining chlorpyrifos as an active ingredient. 

15 ‘‘(C) ADMINISTRATION.—The Adminis16 trator shall carry out subparagraph (B) without 

17 regard to sections 6(a)(1), 6(b), and 15.’’. 

18 SEC. 5. PESTICIDES AND DEVICES INTENDED FOR EXPORT. 

19 (a) IN GENERAL.—Section 17(a) of the Federal In20 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

21 136o(a)) is amended— 

22 (1) by redesignating paragraphs (1) and (2) as 

23 subparagraphs (A) and (B), respectively, and indent24 ing appropriately; 


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1 (2) in the matter preceding subparagraph (A) 

2 (as so redesignated), by striking ‘‘Notwithstanding’’ 

3 and inserting the following: 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (3), notwithstanding’’; 

6 (3) in the undesignated matter following para7 graph (1)(B) (as so designated), by striking ‘‘A copy 

8 of that statement’’ and inserting the following: 

9 ‘‘(2) TRANSMISSION TO APPROPRIATE OFFI10 CIAL.—A copy of the statement described in para11 graph (1)(B)’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(3) EXCEPTION FOR PESTICIDES CONTAINING

14 CHLORPYRIFOS.—Paragraph (1) shall not apply to 

15 any pesticide containing chlorpyrifos as an active in16 gredient.’’. 

17 (b) CONFORMING AMENDMENT.—Section 3(f)(4) of 

18 the Federal Insecticide, Fungicide, and Rodenticide Act 

19 (7 U.S.C. 136a(f)(4)) is amended in the undesignated 

20 matter following subparagraph (B) by striking ‘‘17(a)(2)’’ 

21 and inserting ‘‘17(a)(1)(B)’’. 

22 SEC. 6. EXEMPTION OF FEDERAL AND STATE AGENCIES. 

23 Section 18 of the Federal Insecticide, Fungicide, and 

24 Rodenticide Act (7 U.S.C. 136p) is amended in the first 

25 sentence by inserting ‘‘(except with respect to any pesVerDate Sep 11 2014 07:26 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S921.IS S921

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1 ticide containing chlorpyrifos as an active ingredient)’’ 

2 after ‘‘provision of this Act’’. 

Æ 


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