Important information for exporters

Important information for cherry exporters from Ministry for Primary Industries

After nearly 14 years litigation, culminating in a directive from the US Court of Appeals about three months ago, the US EPA has now issued a final rule relating to their MRLs for chlorpyrifos. This final rule states that:

Based on the currently available data and taking into consideration the currently registered uses for chlorpyrifos, EPA is unable to conclude that the risk from aggregate exposure from the use of chlorpyrifos meets the safety standard of the Federal Food, Drug, and Cosmetic Act (FFDCA). Accordingly, EPA is revoking all tolerances for chlorpyrifos.

This rule comes into effect on 29 October 2021 and all existing US MRLs for chlorpyrifos will expire on 28 February 2022 (and a ‘no residue’ requirement applies from 1 March). See: https://www.govinfo.gov/content/pkg/FR-2021-08-30/html/2021-18091.htm

As a result of this decision, the currently suggested Export PHIs for citrus, onions and cherries intended for export to USA are no longer appropriate.

For cherries, it is suggested that the use of chlorpyrifos be restricted to Pre-flowering use only, as we do not have sufficient data to suggest a suitable post-flowering PHI that will ensure no measurable residues at harvest.

Please also note that apricot, nectarine, peach and plum already have a ‘Pre-flower’ PHI for fruit to be sold in the USA.