Governor Cuomo Announces Final Regulations to Prohibit Pesticides Containing Chlorpyrifos

Press Release

Governor Andrew M. Cuomo today announced the release of final regulations prohibiting the sale, distribution, possession, and use of pesticide products containing the active ingredient chlorpyrifos. In 2019, Governor Cuomo directed the State Department of Environmental Conservation to ban the organophosphate pesticide chlorpyrifos to safeguard public health and protect environmental resources, particularly pollinators. New York is the first state in the U.S. to completely ban pesticides that contain chlorpyrifos, and its regulations are the most stringent in terms of the prohibited uses of this organophosphate pesticide.

"New York has long been a national leader in the movement to preserve our planet for future generations, and it's vital that we protect the diverse flora and fauna that call our state home," Governor Cuomo said. "That's why our state is becoming one of the nation's first to ban the harmful chemical chlorpyrifos from pesticides and safeguard public health, the environment and our natural resources. There's always more we can do to create a greener state, and this new ban is a step forward to shore up our communities against polluting chemicals and build a healthier future."

Effective July 31, 2021, the final regulations add chlorpyrifos to the list of prohibited pesticides in New York's pesticide registration regulations. Scientific research has shown that chlorpyrifos can harm the development of the nervous system of infants and young children. Prenatal exposure to organophosphates can result in diminished cognitive ability, delays in motor development, and Attention Deficit/Hyperactivity Disorder. In addition to potential health risks for humans, potential for harm to New York's important pollinator populations has been raised by scientists at Cornell University and the U.S. Environmental Protection Agency.

Pollinators contribute substantially to the State's environment and economy. According to the U.S. Department of Agriculture, pollinators provide approximately $344 million worth of pollination services to New York and add $29 billion in value to crop production nationally each year. New York's ability to produce crops such as apples, grapes, cherries, onions, pumpkins, and cauliflower relies heavily on the presence of pollinators.

DEC Commissioner Basil Seggos said, "Today marks a critical milestone in New York's ongoing efforts to protect public health, the environment, and our state's pollinator populations from potentially harmful pesticides. Pollinators are critical to the State's environment and are essential to the health of New York's agricultural economy, natural resources, and our children and families."

NRDC (Natural Resources Defense Council) NY Legislative and Policy Director Rich Schrader said, "New York's ban on chlorpyrifos is a landmark victory for the health of the state's families and children -- especially farmworkers and those living in agricultural communities who face disproportionate harm because the chemical is used so close to where theylive, work, and go toschool. The New York State DEC has made a decision in favor of science, which has clearly shown that chlorpyrifos is too dangerous to be used to grow our food, and poses a threat to people and pollinators."

Food & Water Watch Senior New York Organizer Eric Weltman said, "Chlorpyrifos is the most widely used in a suite of terrible, toxic pesticides found to pose serious health risks to the public, including brain damage in children. Pesticides containing chlorpyrifos also decimate pollinators, wreaking havoc on natural ecosystems and our food system. Lacking federal leadership on the issue, New York State is a national leader in cutting back the use of toxic pesticides, in keeping with the best available research and common sense. This is a smart, commendable step to help keep New Yorkers safe and healthy."

Friends of the Earth Senior Food and Agriculture Campaigner Jason Davidson said, "Finalizing the ban on chlorpyrifos is an important step forward for New York's people, pollinators and environment. Our nation desperately needs leadership that will step up and protect health and safety for all. We applaud DEC for implementing these protections, and we hope to see New York become the model that other states and the EPA follow."

FAAP Chair of American Academy of Pediatrics, District II NYS, Warren Seigel, MD, said, "We strongly support New York's final regulations to ban chlorpyrifos. In recent decades, it has become clear that even low levels of exposure to chlorpyrifos can harm the developing brains of infants and children. Chlorpyrifos reduces IQ and increases the likelihood of behavioral disorders such as ADHD. We applaud NYS for taking this important step now to protect the children in New York. We encourage our federal government to do the same, so that all children across the country can be as well protected as the children of New York are now."

Beyond Pesticides Community Resource and Policy Director Drew Toher said, "With continued inaction from EPA, we applaud NYDEC's recognition of the unacceptable hazards chlorpyrifos poses to New Yorkers, and its decision to eliminate use of this potent neurotoxic insecticide. Pesticide use harms the most vulnerable among us - children, pregnant women, those with pre-existing conditions - and disproportionately affects low-income and people of color communities. New York's action on chlorpyrifos is an important step towards eliminating the most toxic pesticides on the market, and we are urging other states to quickly follow suit."

Earthjustice Managing Attorney for Sustainable Food & Farming Peter Lehner said, "At a time when industry is pushing EPA to keep the toxic pesticide chlorpyrifos on the market, we applaud Governor Cuomo, the New York Senate and Assembly leadership, and the New York State Department of Environmental Conservation for taking this crucial step. Banning chlorpyrifos in New York will protect children, communities, and farmworkers. Chlorpyrifos is an organophosphate pesticide that attacks the nervous system and has been proven to damage children's developing brains. New York played a leading role two decades ago in ending the residential use of chlorpyrifos. We hope New York's leadership now will encourage action by the federal Environmental Protection Agency to end all food uses of chlorpyrifos so we know that the food we bring in from other states will be as safe as the food we produce here."

Any application of pesticides must be done in a manner that is protective of public health and the environment. New York State's pesticide regulatory program is a national leader in the review and registration of pesticides, implementation of regulatory controls, and the enforcement of the worker protection standard. State law affords DEC with a broad range of regulatory powers including the ability to restrict the use of a pesticide and revoke pesticide registrations. Today's regulations will further protect public health and the environment by removing chlorpyrifos from use in New York State.

New York State is the third state to act to ban pesticides that contain chlorpyrifos. To complement this regulation, DEC cancelled the registration of 29 pesticides containing chlorpyrifos on Dec. 31, 2020, and will cancel the registration of the remaining 15 pesticides as of July 31, 2021. Anyone that still possesses these products must properly dispose of them or send them out of state by Feb. 1, 2022. These product owners are advised to consult with pesticide distributors or the manufacturer to determine the appropriate options for removal or disposal of the pesticide.

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