Response to comments received on PMRL consultation for Chloropicrin (PMRL2023-31)

A comment was received that, while acknowledging that the maximum residue limit (MRL) proposed by Health Canada's Pest Management Regulatory Agency (PMRA) of 0.025 ppm for stalk, stem, and leaf petioles (crop group 22) is consistent with existing Canadian MRLs for chloropicrin; the proposed MRL differs from both the Codex Alimentarius Commission and the United States Environmental Protection Agency (USEPA), which did not establish either Codex MRLs or American tolerances on these commodities.

The USEPA noted that there is no reasonable expectation of finite residues to be incurred in/on food and feed crops when chloropicrin is used as preplant soil fumigant. Therefore, the American registered uses are considered non-food uses, and no American tolerances for chloropicrin are established.

Since the PMRA also has data demonstrating that there is no finite residue on or in food and feed crops from the preplant soil fumigant use of chloropicrin, the commenter requested that the PMRA take notice of this information as part of its proposal.

Response from Health Canada

According to the USEPA, chloropicrin's volatility in the environment and results of metabolism studies in soil and plants indicate that there is no reasonable expectation of finite residues to be incurred in/on any raw agricultural commodity when these products are applied according to label directions. Therefore, this fumigant does not require food tolerances and is not subject to the amendments to the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) promulgated under the Food Quality Protection Act (FQPA) of 1996.

However, in Canada, no such exemption from the establishment of a pesticide MRL exists under section 9 of the Pest Control Products Act, S.C. 2002, c. 28,^{Footnote 1} and subsection B.15.002(3) of the Food and Drug Regulations.^{Footnote 2} Chloropicrin is applied to the soil as a fumigant prior to planting crops in the stalk, stem and leaf petioles (crop group 22). Since crops will be grown in the soil after application, the PMRA considers this as a food use. An MRL for chloropicrin in/on stalk, stem and leaf petioles (crop group 22) was proposed at the limit of quantitation (LOQ) for the enforcement analytical method which is the lowest level that is accurately quantitated by the method.

As the comment received has no impact on the proposed MRL, the MRL of 0.025 ppm for chloropicrin on stalk, stem, and leaf petioles (crop group 22) will be established as proposed in PMRL2023-31.