On February 9, 2022 FDA announced that it had published a guidance document to assist food producers and processors that handle foods which may contain residues of the pesticide chemical chlorpyrifos. The guidance document is based on FDA’s Channels of Trade provision in the Food, Drug, and Cosmetic Act.  As background, the Environmental Protection Agency (EPA) published a final rule on August 30, 2021 that revoked all tolerances for chlorpyrifos. The tolerances are set to expire on February 28, 2022. The guidance document provides FDA’s enforcement policy on foods containing chlorpyrifos residues after the tolerances expire.

FDA has a two-phase enforcement approach on findings of chlorpyrifos residues that will apply to raw agricultural commodities and processed foods, as follows:

• Stage 1: For a time period ranging from 6-24 months (depending on the specific food commodity) FDA intends to exercise enforcement discretion by not requesting documentation to show that chlorpyrifos residues are present as a result of lawful application.

• Stage 2: FDA will accept documentation to demonstrate that lawful application of chlorpyrifos occurred before February 28, 2022. The end of this period is anticipated to be August 28, 2026 – the last date that FDA anticipates that food made from lawfully treated commodities will remain in the channels of trade.

Public comments on the guidance will be accepted at any time. Public comments may be submitted electronically to https://www.regulations.gov/ using Docket ID: FDA-2016-D-4484.