Chlorpyrifos Pesticide Registration Cancellations and Proposed Regulation

An Executive directive was issued for the New York State Department of Environmental Conservation (the Department) to ban chlorpyrifos, an organophosphate pesticide, in December 2019 to safeguard public health and protect environmental resources, particularly pollinators. Read more about DEC efforts relating to chlorpyrifos.The Department is taking the following steps to implement that Executive directive.

Cancellation of Pesticide Registrations

On December 31, 2020, the New York State pesticide registrations were cancelled for 29 pesticide products containing chlorpyrifos in accordance with Environmental Conservation Law section 33-0713. The cancelled products had agricultural, turf, and indoor insect bait station uses. Agricultural products that allowed for applications to apple tree trunks were not cancelled on December 31, 2020, due to a critical need in the 2021 growing season.

The December 31, 2020, cancellations apply to the following products:

The remaining 15 chlorpyrifos pesticide products that allow for applications to apple tree trunks remain registered for sale, use, and distribution in the state to fulfill the Executive directive to meet this critical need during the 2021 growing season. The Department has already taken action to cancel the registrations of these remaining products on July 31, 2021. Although these pesticides remain registered to accommodate this specific use pattern, they can be applied for all labeled uses until they are cancelled.

The July 31, 2021, cancellations apply to the following products:

The Department recommends that you check the New York State pesticide registration status on the New York State Pesticide Administration Database at: https://www.dec.ny.gov/nyspad for all pesticide products, including pesticide products containing chlorpyrifos, prior to sale, offer for sale, distribution, or use in New York State. The December 31, 2020, cancelled products listed above, and any other New York State cancelled pesticides, are considered unregistered and they may not be sold, offered for sale, distributed, or used in New York State.

Proposed Chlorpyrifos Regulation

On January 27, 2021, the Department announced the release of a proposed regulation to prohibit the sale, distribution, possession, and use of pesticide products containing the active ingredient chlorpyrifos. This proposed regulation will add chlorpyrifos to the list of prohibited pesticides in 6 NYCRR 326.2(c) of New York's pesticide registration regulations.

Information concerning the regulatory review process, the proposed rulemaking, and supporting rulemaking documents can be accessed from NYSDEC's rulemaking web site . These documents may also be inspected at NYSDEC, 625 Broadway, Albany, NY 12233. Please call Melissa Treers for an appointment at (518) 402-8678 or email her at Melissa.treers@dec.ny.gov.

The draft regulations will be available for public review and comment until April 5, 2021. You may submit written comments on the proposed rule any time during the comment period. The easiest way to submit comments will be by email to mailto:chlorpyrifosregs@dec.ny.gov?subject=Comments%20on%20Proposed%20Part%20326. Please include "Comments on Proposed Part 326" in the subject line of the email. Written comments can also be submitted by mail to the Pesticide Enforcement & Compliance Assurance Section, NYSDEC, Division of Materials Management, 625 Broadway, Albany, NY 12233-7254.

A public comment hearing webinar for the proposed rule will be held before an Administrative Law Judge (ALJ) via electronic webinar as follows:
Date: March 30, 2021
Time: 6:00 PM
Location: via electronic webinar

Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the webinar may be accessed at the proposed regulations webpage for Part 326 .

For more information about the proposed regulation, visit the proposed regulations webpage for part 326, email pestcomp@dec.ny.gov, or call (518) 402-8727.

Disposal or removal of existing stocks from New York State

Pesticide products containing chlorpyrifos whose registration has been cancelled are no longer registered in New York. Therefore, they can no longer be sold, offered for sale, distributed, used, or transported in intrastate commerce within New York State. This applies to existing stocks or products that may be in storage. Since these pesticides are unregistered, they may only be removed from the state or disposed of properly.

Individuals and businesses that still possess these unregistered products should explore all available options for removal or disposal. Pesticide distributors and manufacturers may be able to help determine the most appropriate and feasible options for their customers. These products may be removed from the state or disposed of (in state or out of state) through arrangements with the distributor or manufacturer who supplied them, through arrangements made directly with an appropriate disposal facility, or through arrangements with a distributor or business that will receive or transport them outside of New York. Pesticide applicators and businesses may also explore participation in a CleanSweepNY (leaves DEC's website) collection event. DEC is currently planning these collections.

Removal or disposal of these unregistered pesticides may involve distribution or transportation within the state, actions which are prohibited by regulation and statute due to their unregistered status. However, the Department issued an Enforcement Discretion for Distribution of Unregistered Products Containing Chlorpyrifos (PDF - 64KB), which allows the temporary distribution of these products for removal or disposal purposes.

While arrangements are made for distribution or disposal, unopened containers of these products may be stored until February 1, 2022 or until the Enforcement Discretion for Distribution of Unregistered Products Containing Chlorpyrifos (PDF - 64KB) is rescinded by the Department. But pesticides in opened containers are considered to be in use, and therefore must be disposed of immediately. Note that products that are considered restricted use pesticides may only be distributed by a New York State Restricted Pesticide Dealer.

If unregistered Hot Shot Maxattrax Roach Bait or Eliminator Roach Bait is from a household an option for disposal could be to participate in a Town, City, or County household hazardous waste collection program. The materials accepted at these types of events vary depending on the program. Read more information about household hazardous waste collection programs or visit your local government website. Hot Shot Maxattrax Roach Bait and Eliminator Roach Bait can continue to move through the channels of trade and be sold by retailers until May 31, 2021. The residential application of these products may continue until July 31, 2021, as described in the Department's enforcement discretion letter to United Industries (PDF - 232KB). However, the commercial application of these products by a commercial pesticide applicator is not allowed.

If you have any question regarding the chlorpyrifos cancellation process, please contact the Pesticide Product Registration Section at 518-402-8768 or ppr@dec.ny.gov. For information associated with the proposed chlorpyrifos prohibition regulation, please contact the Pesticide Enforcement & Compliance Assurance Section at 518-402-8727 or pestcomp@dec.ny.gov.

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