Welcome to the Coleman & Horowitt, LLP Agricultural and Environmental Law Blog. In this blog, we will focus on developments in California Agricultural and Environmental Law.

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Thursday, December 7, 2017

Chlorpyrifos listed under Prop 65

Pursuant to Prop 65 the Developmental and Reproductive Toxicity Identification Committee (DARTIC) under OEHHA made the decision to list chlorpyrifos under Proposition 65 as a developmental toxicant. Chlorpyrifos is one of the most widely-used active ingredients in agricultural insect control products in the world. It was first registered in the U.S. in 1965 and has been on the market for more than forty-five years. Products containing chlorpyrifos will have to be appropriately labeled by late 2018.

Chlorpyrifos was previously considered by the DARTIC in 2008, but was not added to the Proposition 65 list at that time.  Substantial new data on developmental toxicity has become available since the chemical was previously considered for listing. Many groups have pushed to get chlorpyrifos off the market entirely. The Obama administration proposed an all-out ban in 2015. President Donald Trump's appointed Environmental Protection Agency administrator Scott Pruitt ruled in spring 2017 that he would not ban the chemical.  



Chlorpyrifos is an organophosphate insecticide. Pure chlorpyrifos is made up of white or colorless crystals. It has a slight odor.  Chlorpyrifos is used to control many different kinds of pests, including termites, mosquitoes, and roundworms. Chlorpyrifos was first registered as an insecticide in 1965 and the United States Environmental Protection Agency (US EPA) re-registered it in 2006. The only legal indoor use for chlorpyrifos is in containers with treated baits.
The crops with the most use are cotton, corn, almonds and fruit trees including oranges, bananas and apples.  



CROP
TARGET PESTS
Alfalfa
Alfalfa weevil, armyworms, aphids, potato leafhoppers.
Brassica Vegetables (Cole Crops)
(Broccoli, Cauliflower, Cabbage, Kale, Rutabaga, Turnips, etc.)
Cabbage maggot, aphids
Citrus
Scale insects, mealybug, Asian citrus psyllid, rust mite, citrus leaf miner, katydids.
Corn, Field
Corn rootworm, cutworm, white grub, European corn borer
Corn, Sweet
corn earworm, armyworms, corn rootworm (larvae and adult), cutworms, seed corn maggot, wireworms
Cotton
Cotton aphid, Lygus bug, armyworms, pnk bollworm
Grapes
Mealybugs, cutworms, ants
Mint
mint root borer
Onions
Onion maggot
Peanuts
Lesser cornstalk borer, corn rootworms, white mold
Pome Fruits
(Apples, Pears)
San Jose scale, rosy apple aphid, pandemis leafroller, oblique-banded leafroller, climbing cutworms, American plum borer
Soybeans
Soybean aphid, bean leaf beetle, grasshoppers, spider mites
Stone Fruits
(Peaches, Nectarines, Cherries, Plums)
San Jose scale, peach twig borer, peaach twig borer, peach tree borer, lesser peach tree borer, American plum borer
Sugar Beets
cutworm, wireworm, sugarbeet root maggot, armyworms, grasshoppers
Sweet Potatoes
Wireworms, southern corn rootworm, flea beetles
Tree nuts
(Almonds, Pecans, Walnuts, etc.)
San Jose scale, peach twig borer, navel orangeworm, codling moth, walnut husk fly, walnut aphid, pecan nut casebearer, black pecan aphid
Wheat
Aphids, grasshoppers, orange wheatblossom midge



The Office of Environmental Health Hazard Assessment (OEHHA) also has listed perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as reproductive toxicants under Proposition 65.

PFOA and PFOS are surfactants that have been used in a variety of consumer products, including carpets, textiles, leather, non-stick cookware, and paper coatings used in food packaging, to confer stain, grease and water resistance.

 Manufacturing of PFOS was ended in 2002 and PFOA production ceased in 2015.

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