Guidance Issued on Food Commodities with Chlorpyrifos Residues

Following the Environmental Protection Agency’s 2021 final rule revoking tolerances for residues of the pesticide chlorpyrifos in food, the U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition has issued guidance for industry on how the agency will enforce the rule, which sets the expiration date for the tolerances as February 28, 2022. The guidance document is issued in the form of questions and answers; questions include “After the tolerances expire, is food containing residues of chlorpyrifos considered adulterated under the [federal Food, Drug and Cosmetic Act]?,” “As an example, how would FDA respond to rutabagas with chlorpyrifos residues before and after the showing date?” and “As an example, how would FDA respond to canned rutabagas with chlorpyrifos residues before and after the showing date?”

“There are two stages to our enforcement approach after February 27, 2022: (1) in Stage 1, we generally intend to exercise enforcement discretion by not requesting showing documentation for a time period ranging from approximately 6 to 24 months, depending on the specific commodity,” states the guidance, which provides a table listing the timelines for various foods. “[I]n Stage 2, we will accept showing documentation to demonstrate that lawful application occurred before February 28, 2022.”