ODA proposes new rules limiting use of insecticide

SALEM, Ore. (KTVZ) -- The Oregon Department of Agriculture convened a stakeholder workgroup that has developed new rules that reduce the unique risk and exposure to the insecticide chlorpyrifos.

This workgroup membership included environmental advocates, farmworker health-and-safety organizations, public health and toxicology experts, and agricultural leaders.

These regulatory changes to the use and sale of chlorpyrifos reduce the risk of exposure and increases safety to applicators, farm workers, bystanders, consumers, and the environment, the agency said.

Chlorpyrifos is primarily used to control insect pests on various crops including, Christmas trees, crops grown for seed including many specialty seeds, alfalfa, beans, sweet corn and nursery crops.

The proposed rule incorporates feedback from all members of the workgroup provided over more than six months of deliberation, as well as information on best practices available to reduce exposure. Main elements of the proposed rules include the following:

Effective November 1, 2020,

• All products containing chlorpyrifos will be restricted-use, except cattle ear tags.
• Prohibits the use of chlorpyrifos for vector control, golf course turfgrass, and in certain types of enclosed structures.
• Establishes a 4-day restricted entry interval after use for all crops.

Effective January 1, 2021

• Allows use on Christmas trees only between April 1 and June 15 of each year.
• All applicators must pass a pesticide certification exam and obtain a license.
• Respirator safety requirements are increased.
• Recordkeeping is required for at least three years.
• Buffers are established around sensitive sites and waterways.

After December 31, 2023 uses are limited only commercially pre-plant seed treatments; granular products; cattle ear tags; and uses allowed under an ODA-declared pest emergency. The December 31, 2023 timeline provides a phased transition period to protect the health and safety of people and identify crop protection alternatives.

In addition to the proposed new chlorpyrifos rule, ODA is proposing an amendment to the existing rule of listing pesticides as restricted-use. This amendment will provide consistency between Oregon statute and ODA rules regarding the agency's authority to classify a pesticide as restricted use.

Proposed rules can be read here https://oda.direct/Rulemaking . The public can submit comments beginning August 3, 2020 (12:01 a.m.). Comments will be accepted through September 1, 2020 (5:00 p.m.). All times are Pacific Daylight Time. Please only submit your comments during this open comment time period. Comments submitted before or after the comment period will not be considered when drafting final permanent rules.

For your safety and protection due to the COVID-19 pandemic, two virtual public hearings will be held on August 19 and 27. Details will be posted on ODA’s Pesticides Program Rulemaking webpage https://oda.direct/Rulemaking as soon as available. Comments can be submitted in a language other than English.

Please email comments during the open comment period to:

chlorpyrifos-comments@oda.state.or.us

Mail comments to:

Amy Bingham

Chlorpyrifos 2020 Rulemaking Comment

Directors Office

Oregon Department of Agriculture

635 Capitol St NE

Salem, OR 97301-2532