II 

115TH CONGRESS 

1ST SESSION S. 1624 

To prohibit the use of chlorpyrifos on food, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2017 

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

GILLIBRAND, Mr. MARKEY, Ms. HARRIS, Mr. CARDIN, and Mr. 

MERKLEY) 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, 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 2017’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds as follows: 

9 (1) In 1996, Congress unanimously passed the 

10 Food Quality Protection Act of 1996 (Public Law 


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1 104–170; 110 Stat. 1489) (referred to in this sec2 tion as ‘‘FQPA’’), a comprehensive overhaul of Fed3 eral pesticide and food safety policy. That Act 

4 amended the Federal Insecticide, Fungicide, and 

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

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

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

8 laws that govern how the Environmental Protection 

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

10 registers pesticides and pesticide labels for use in the 

11 United States and establishes tolerances or accept12 able levels for pesticide residues on food. 

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

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

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

16 pesticide. If EPA cannot make this safety finding, it 

17 must prohibit residues and use of the pesticide on 

18 food. The FQPA mandates that EPA must consider 

19 children’s special sensitivity and exposure to pes20 ticide chemicals and must make an explicit deter21 mination that the pesticide can be used with a ‘‘rea22 sonable certainty of no harm’’ to children. In deter23 mining acceptable levels of pesticide residue, EPA 

24 must account for the potential health harm from 

25 pre-and postnatal exposures. The economic benefits 


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1 of pesticides cannot be used to override this health2 based standard for children from food and other ex3 posures. 

4 (3) Chlorpyrifos is a widely used pesticide first 

5 registered by EPA in 1965. Chlorpyrifos is an 

6 organophosphate pesticide, a class of pesticides de7 veloped as nerve agents in World War II and adapt8 ed for use as insecticides after the war. Chlorpyrifos 

9 and other organophosphate pesticides affect the 

10 nervous system through inhibition of cholinesterase, 

11 an enzyme required for proper nerve functioning. 

12 Acute poisonings occur when nerve impulses pulsate 

13 through the body, causing symptoms like nausea, 

14 vomiting, convulsions, respiratory paralysis, and, in 

15 extreme cases, death. Based on dozens of peer-re16 viewed scientific articles, EPA determined that expo17 sure during pregnancy to even low levels of 

18 chlorpyrifos that caused only minimal cholinesterase 

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

20 lead to measurable long-lasting and possibly perma21 nent neurobehavioral and functional deficits in pre22 natally exposed children. 

23 (4) People, including pregnant women, are ex24 posed to chlorpyrifos through residues on food, con25 taminated drinking water, and toxic spray drift from 


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1 nearby pesticide applications. Chlorpyrifos is used on 

2 an extensive variety of crops, including fruit and nut 

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

4 2006 and 2012, chlorpyrifos was applied to more 

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

6 crops, 45 percent of onion crops, 46 percent of wal7 nut crops, and 41 percent of cauliflower crops. 

8 (5) Chlorpyrifos is acutely toxic and associated 

9 with neurodevelopmental harms in children. Prenatal 

10 exposure to chlorpyrifos is associated with elevated 

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

12 in motor development, attention-deficit disorders, 

13 and structural changes in the brain. 

14 (6) There is no nationwide chlorpyrifos use re15 porting. The United States Geological Survey esti16 mates annual pesticide use on agricultural land in 

17 the United States, and estimates that chlorpyrifos 

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

19 7,000,000 pounds of chlorpyrifos. 

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

21 Fungicide, and Rodenticide Act Scientific Advisory 

22 Panel recognized ‘‘the growing body of literature 

23 with laboratory animals (rats and mice) indicating 

24 that gestational and/or early postnatal exposure to 

25 chlorpyrifos may cause persistent effects into adultVerDate Sep 11 2014 03:51 Aug 02, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1624.IS S1624

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1 hood along with epidemiology studies which have 

2 evaluated prenatal chlorpyrifos exposure in mother3 infant pairs and reported associations with neurode4 velopment outcomes in infants and children.’’. 

5 (8) Chlorpyrifos has long been of concern to 

6 EPA. Residential uses of chlorpyrifos ended in 2000 

7 after EPA found unsafe exposures to children. EPA 

8 also discontinued use of chlorpyrifos on tomatoes 

9 and restricted its use on apples and grapes in 2000, 

10 and obtained no-spray buffers around schools, 

11 homes, playfields, day cares, hospitals, and other 

12 public places, ranging from 10 to 100 feet. In 2015, 

13 EPA proposed to ban all chlorpyrifos food toler14 ances, based on unsafe drinking water contamina15 tion, which would end use of chlorpyrifos on food in 

16 the United States. After updating the risk assess17 ment for chlorpyrifos in November 2016 to protect 

18 against prenatal exposures associated with brain im19 pacts, EPA found that expected residues from use 

20 on food crops exceeded the safety standard, and ad21 ditionally the majority of estimated drinking water 

22 exposures from currently allowed uses of chlorpyrifos 

23 also exceeded acceptable levels, reinforcing the need 

24 to revoke all food tolerances for the pesticide. 


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1 (9) Chlorpyrifos threatens the healthy develop2 ment of children. Children experience greater expo3 sure to chlorpyrifos and other pesticides because, 

4 relative to adults, they eat and drink more propor5 tional to their body weight. A growing body of evi6 dence shows that prenatal exposure to very low lev7 els of chlorpyrifos can lead to lasting and possibly 

8 permanent neurological impairments. In November 

9 2016, EPA released a revised human health risk as10 sessment for chlorpyrifos that confirmed that there 

11 are no acceptable uses for the pesticide, all food uses 

12 exceed acceptable levels, with children ages 1 to 2 

13 exposed to levels of chlorpyrifos that are 140 times 

14 what the EPA considers acceptable. 

15 (10) Chlorpyrifos threatens agricultural work16 ers. Farm workers are exposed to chlorpyrifos from 

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

18 as from entering fields where chlorpyrifos was re19 cently sprayed. Chlorpyrifos is one of the pesticides 

20 most often linked to acute pesticide poisonings, and 

21 in many States, it is regularly identified among the 

22 5 pesticides linked to the highest number of pes23 ticide poisoning incidents. This is significant given 

24 widespread under-reporting of pesticide poisonings 

25 due to such factors as inadequate reporting systems, 


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1 fear of retaliation from employers, and reluctance to 

2 seek medical treatment. According to the EPA, all 

3 workers who mix and apply chlorpyrifos are exposed 

4 to unsafe levels of the pesticide even with maximum 

5 personal protective equipment and engineering con6 trols. Field workers are currently allowed to re-enter 

7 fields within 1 to 5 days after chlorpyrifos is sprayed 

8 based on current restricted entry intervals on the 

9 registered chlorpyrifos labels but unsafe exposures 

10 continue on average 18 days after applications. 

11 (11) Chlorpyrifos threatens families in agricul12 tural communities. Rural families are exposed to un13 safe levels of chlorpyrifos on their food and in their 

14 drinking water. They are also exposed to toxic levels 

15 of chlorpyrifos when it drifts from the fields to 

16 homes, schools, and other places people gather. 

17 EPA’s 2016 revised human health risk assessment 

18 found that chlorpyrifos drift reaches unsafe levels at 

19 300 feet away from the edge of the treated field, and 

20 the chemical chlorpyrifos is found at unsafe levels in 

21 the air at schools, homes, and communities in agri22 cultural areas. The small buffers put in place in 

23 2012 leave children unprotected from this toxic pes24 ticide drift. 


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1 (12) Chlorpyrifos threatens drinking water. 

2 EPA’s 2014 and 2016 risk assessments have found 

3 that chlorpyrifos levels in drinking water are unsafe. 

4 People living and working in agricultural commu5 nities are likely to be exposed to higher levels of 

6 chlorpyrifos and other organophosphate pesticides in 

7 their drinking water. 

8 (13) In 2015, leading scientific and medical ex9 perts, along with children’s health advocates, came 

10 together, under ‘‘Project TENDR: Targeting Envi11 ronmental Neuro-Developmental Risks’’ (referred to 

12 in this section as ‘‘TENDR’’), to issue a call to ac13 tion to reduce widespread exposures to chemicals 

14 that interfere with fetal and children’s brain develop15 ment. Based on the available and peer-reviewed sci16 entific evidence, the TENDR authors identified 

17 prime examples of neurodevelopmentally toxic chemi18 cals ‘‘that can contribute to learning, behavioral, or 

19 intellectual impairment, as well as specific neurode20 velopmental disorders such as ADHD or autism 

21 spectrum disorder,’’ and listed organophosphate pes22 ticides, among them. In the United States, based on 

23 reporting from parents, 1 in 6 children have a devel24 opmental disability or other developmental delay. 

25 The TENDR Consensus Statement concludes that 


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1 ‘‘to help reduce the unacceptably high prevalence of 

2 neurodevelopmental disorders in our children, we 

3 must eliminate or significantly reduce exposures to 

4 chemicals that contribute to these conditions.’’. 

5 SEC. 3. PROHIBITIONS RELATING TO CHLORPYRIFOS. 

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

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

8 following: 

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

10 it bears or contains chlorpyrifos, including any residue of 

11 chlorpyrifos, or any other added substance that is present 

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

13 or other degradation of chlorpyrifos.’’. 

14 SEC. 4. REVIEW OF ORGANOPHOSPHATE PESTICIDES. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Administrator of the 

17 Environmental Protection Agency (referred to in this sec18 tion as the ‘‘Administrator’’) shall offer to enter into a 

19 contract with the National Research Council to conduct 

20 a cumulative and aggregate risk assessment that address21 es all populations, and the most vulnerable subpopula22 tions, including infants, children, and fetuses, of exposure 

23 to organophosphate pesticides. 

24 (b) CONTENTS OF REVIEW.—The review under sub25 section (a) shall— 


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1 (1) assess the neurodevelopmental effects and 

2 other low-dose effects of exposure to organophos3 phate pesticides, including in the most vulnerable 

4 subpopulations, including— 

5 (A) during the prenatal, childhood, adoles6 cent, and early life stages; and 

7 (B) agricultural workers; 

8 (2) assess the cumulative and aggregate risks 

9 from exposure described in paragraph (1), which 

10 shall aggregate all routes of exposure, including diet, 

11 pesticide drift, volatilization, occupational, and take12 home exposures; and 

13 (3) be completed and submitted to the Adminis14 trator not later than October 1, 2019. 

15 (c) REGULATORY ACTION.— 

16 (1) APPLICABILITY.—This subsection shall 

17 apply if the Administrator becomes aware of any ex18 posure to any organophosphate pesticide, including 

19 exposures described in paragraphs (1) and (2) of 

20 subsection (b), that does not meet, as applicable— 

21 (A) the standard under section 408(b)(2) 

22 of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 346a(b)(2)); or 


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1 (B) any standard under the Federal Insec2 ticide, Fungicide, and Rodenticide Act (7 

3 U.S.C. 136 et seq.). 

4 (2) ACTION.—Not later than 90 days after the 

5 date on which the Administrator becomes aware of 

6 any exposure under paragraph (1), the Adminis7 trator shall take any appropriate regulatory action, 

8 regardless of whether the review under subsection 

9 (a) is completed, including— 

10 (A) revocation or modification of a toler11 ance under section 408 of the Federal Food, 

12 Drug, and Cosmetic Act (21 U.S.C. 346a); or 

13 (B) modification, cancellation, or suspen14 sion of a registration under the Federal Insecti15 cide, Fungicide, and Rodenticide Act (7 U.S.C. 

16 136 et seq.). 

17 (d) EFFECT.—Nothing in this section authorizes or 

18 requires the Administrator to delay in carrying out or 

19 completing, with respect to an organophosphate pesticide, 

20 any registration review under section 3(g) of the Federal 

21 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

22 136a(g)), any tolerance review under section 408 of the 

23 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a), 

24 or any registration or modification, cancellation, or sus25 pension of a registration under section 3 or 6 of the FedVerDate Sep 11 2014 03:51 Aug 02, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1624.IS S1624

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1 eral Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

2 136a, 136d), if— 

3 (1) the organophosphate pesticide does not 

4 meet applicable requirements established under 

5 those provisions of law; or 

6 (2) the review, registration, modification, can7 cellation, or suspension is required— 

8 (A) by statute; 

9 (B) by judicial order; or 

10 (C) to respond to a petition. 

Æ 


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