Department of Pesticide Regulation logo

Department of Pesticide Regulation

The Great Seal of the State of California
Mary-Ann Warmerdam
  Arnold Schwarzenegger
February 14, 2005   ENF 2005-008
County Agricultural Commissioners  



As you know, certain uses of chlorpyrifos are scheduled for phase out at the end of this year. Following are some questions submitted by the National Pest Management Association to U. S. Environment Pesticide Agency (EPA) regarding use of chlorpyrifos for pre-construction treatment for termites, with U.S. EPA's responses. This is a use that will be phased out on December 31, 2005.

1.) Is the cancellation self-effectuating (i.e. is it automatic or will U.S. EPA have to issue some kind of stop sale or cancellation order)?

A) There are cancellation orders already in place for the pre-construction use specifying no use after December 31, 2005. See existing stocks provisions regarding end use products: Federal Register: December 6, 2000 (Volume 65, Number 235) pages 76233 - 76240, available at

2.) If it is necessary for the U.S. EPA to act affirmatively to effect the cancellation, is it the U.S. EPA's intention to do so? Or, will you simply allow existing stocks to be depleted (even after December 31, 2005)?

A.) Cancellation orders are specific about stopping use on December 31, 2005. However, in order to ensure that use actually stops on December 31, 2005, we will need to work with the National Pest Management Association and other stakeholders to be sure that retailers and end users know about and understand the provisions of the cancellation orders.

3.) Are all chlorpyrifos products labeled for post-construction termiticide use effected (I believe some formulators of chlorpyrifos end-use termite products did not sign the memorandum of agreement [MOA])?

A.) Yes, all chlorpyrifos products labeled for termiticide use will be affected. While it is true that formulators did not sign the MOA, all technical registrations (even new ones) have been amended to include the provisions of the MOA. Therefore, all the end-use products formulated from these technicals are also subject to the provisions of the MOA.

4.) If the product's label has approved uses other than termite pre-construction, will a pest control operator be permitted to continue using the product for those uses?

A.) Yes.

5.) Is there any chance U.S. EPA will revisit its decision regarding the extension of the phase out?

A.) U.S. EPA has indicated to the companies supporting this use that they are willing to discuss it further. Should any of the companies decide to pursue an extension, U.S. EPA would need to engage in a public process to ensure that all stakeholders´ views are heard prior to making a decision on extending the use.

Questions regarding the phase out of chlorpyrifos should be directed to the enforcement branch liaison assigned to your county.

Original Signature by:
Scott T. Paulsen,
Chief Enforcement Branch
(916) 324-4100


cc:  Mr. John Donahue, Agricultural Commissioner Liaison

1001 I Street  ·   P.O. Box 4015  ·  Sacramento, California 95812-4015  ·
A Department of the California Environmental Protection Agency