2026-01902Rule

Chlorate; Exemption From the Requirement of a Pesticide Tolerance

Published Date: 1/30/2026

Rule

Summary

The EPA just made it official: chlorate residues on certain foods no longer need a set safety limit when used properly. This change helps farmers, food makers, and pesticide companies by cutting red tape and speeding up processes. The new rule kicks in on January 30, 2026, with a chance to raise concerns by March 31, 2026—no extra costs expected, just smoother sailing!

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Tolerance Exemption for Chlorate on Many Crops

EPA established an exemption from the requirement of a tolerance for chlorate residues on the listed crop groups when residues result from application of gaseous chlorine dioxide. The exemption is effective January 30, 2026, and covers the many crop groups specifically listed in the rule (for example: root and tuber vegetables, fruiting vegetables, citrus, pome and stone fruits, berries, tree nuts, grains and forages, edible fungi, and tropical fruits).

No Numerical Limit or Enforcement Method Needed

Because the exemption is established without any numerical residue limit, EPA states that an analytical enforcement method is not required for these commodities. EPA also states this action does not impose information-collection burdens under the Paperwork Reduction Act and is not subject to the Regulatory Flexibility Act or an unfunded mandate.

EPA Concludes Exemption Is Safe for People

EPA concluded there is a reasonable certainty of no harm to the general population, including infants and children, from aggregate exposure to chlorate residues from the listed uses. The Agency found residues on food are generally low, can be removed by washing, and that drinking water (unchanged by these crop uses) is the main driver of dietary exposure.

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Key Dates

Published Date
Rule Effective
1/30/2026
1/30/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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