After previously issuing a Notice of Intent to Cancel the California registrations of chlorpyrifos, the California Department of Pesticide Regulation (“CDPR”) has announced that an agreement has been reached with Dow AgroSciences and other producers to eliminate all agricultural uses.  Given its major role in agricultural, the cancellation in California could well be a harbinger of the end of chlorpyrifos.  As recounted in prior blog entries, EPA and chlorpyrifos registrants have been fending off challenges for almost ten years.  See our previous blog entry EPA Denies Chlorpyrifos Cancellation Petition; Six States File Challenge in 9thCircuit.  California’s action represents the most significant victory to date for opponents.

The California agreement provides for the following staged elimination of the product:

November 8, 2019:   Final date for sales by registrants into or within California;

February 6, 20020:   Final dates for any sales by dealers in California; and

December 31, 2020:  Final date for any use or possession other than for the purpose of disposal.

Any use until the deadline is subject to CDPR’s will now mandatorily be subject to the Chlorpyrifos Interim Recommended Permit Conditions issued in November 2018. See our previous blog entry EPA Denies Chlorpyrifos Cancellation Petition; Six States File ChLLCDPR also has created a “cross-sector working group” to develop recommendations for alternatives.

Meanwhile the litigation challenging the EPA registration continues in the 9thCircuit U.S. Court and the legislation eliminating use in New York still awaits a Governor’s decision as to whether to sign it.