Recent Policy Changes and Proposed Rulemaking for Chlorpyrifos
(Photo of balsam gall midge damage by Ronald S. Kelley, VT Dept. of Forests, Parks and Recreation, courtesy of Bugwood.org)
The Maine Board of Pesticides Control would like to update you on recent changes in policy and regulations. On June 8, 2021, the Maine Legislature passed a bill, which prohibited the distribution of products containing the active ingredient chlorpyrifos (ex: Lorsban, Dursban). Then in August 2021, the US EPA revoked all food tolerances for chlorpyrifos. This revocation of food tolerances made it unlawful to use chlorpyrifos on food crops after February 28, 2022.
While the Board has been working on rulemaking in response to LD 316 since July 2021, rules pertaining to permitting use of existing chlorpyrifos stocks have not been finalized. At the May 6, 2022 meeting, the Board adopted a policy delegating authority to staff to review temporary permits for use as outlined in Title 7 Section 4. This permitting process allows Maine licensed pesticide applicators to apply pesticides containing chlorpyrifos if that applicator possessed the pesticides in the State before January 1, 2022. Permit applications can be found on the Board’sPublications & Forms page.
Ongoing Rulemaking
The BPC continues to pursue rulemaking clarifying State of Maine restrictions on chlorpyrifos containing pesticides. A public hearing is scheduled for June 17, 2022,at 9:00 AM via Teams. For more information, please visit the Board‘s Rulemaking page. The proposed amendments to Chapter 41 include:
Prohibiting distribution of pesticides that contain chlorpyrifos.
Prohibiting the use of pesticides that contain chlorpyrifos unless the licensed applicator has obtained a permit from the Board.
Conditions that must be met to obtain a permit from the Board, include:
The person applying for the permit must be a licensed applicator;
The product must have been purchased prior to January 1, 2022;
Permit applications must be received before December 31, 2022; and
Permit applications must comply with the requirements outlined in the draft rule.
Unwanted Pesticides?
Do you now have chlorpyrifos containing pesticides that require disposal? If you are a homeowner or an agricultural producer in possession of these pesticides, you may be able to dispose of these pesticides at no cost to you. Each year, the Board of Pesticides Control in collaboration with the Maine Department of Environmental Protection offers a series of no-cost obsolete pesticide collection events. This year, the collections will take place during the week of October 17, 2022. To participate in the event, you must preregister. More information and registration forms may be found on the Board’s Obsolete Event page.
If you have any questions or concerns about chlorpyrifos or other pesticide related issues, please contact Board staff at 207.287.2731 or pesticides@maine.gov
