2026 ESA Compliance Begins Now: CPDA’s Terry Kippley Breaks Down What’s Coming
The agricultural industry is entering one of its most significant regulatory shifts in decades as the U.S. Environmental Protection Agency (EPA) begins adding Endangered Species Act (ESA) language to crop protection product labels. For ag retailers, the implications are immediate, operational, and essential to understand as the 2026 season approaches.
To help break down what’s coming and how retailers can support their grower customers, Terry Kippley, President & CEO of the Council of Producers & Distributors of Agrotechnology (CPDA), joined a recent episode of CropLife Retail Week for an in-depth discussion of the changes.
A Regulatory Shift “40 Years in the Making”
The addition of ESA label language to crop protection products has been underway for nearly three years, involving CPDA, CropLife America, the Agricultural Retailers Association (ARA), and EPA.
According to Kippley, the magnitude of what growers and retailers are facing cannot be overstated. “If you’re a grower, you’re looking at some of the biggest regulatory changes you’ve seen in maybe 40 years,” he explained. The impact is not theoretical — it is already appearing in the marketplace.
Beginning with herbicides and insecticides, new products released by EPA now include ESA-required label language. Fungicides will follow next, with draft requirements expected around Easter 2026 and final language in the fall.
What’s Changing for Growers — and How Retailers Must Step In
Under the revised regulations, the responsibility for ensuring ESA compliance shifts heavily to the applicator — often the grower or, in many cases, their ag retailer.
“The grower is now responsible for deciding field by field if they are in compliance with endangered species requirements,” Kippley said. This was never required historically. Now, it is quickly becoming standard practice.
Because the requirements can vary by location, species, and product, advisors are more important than ever. “Many growers will be leaning upon their trusted advisor — their local dealer — to say, ‘How do I make sense of this?’” he noted.
Retailers will need to prepare for questions such as:
- What products have ESA language today?
- What mitigation steps are required per field and per product?
- How do buffers, drift mitigation tools, or runoff-reduction practices impact compliance?
To support these decisions, EPA has also rolled out its PALM tool, an Excel-based calculator to help dealers and growers determine whether they meet mitigation point requirements for specific applications.
Mitigation Tools: Turning Compliance Into Opportunity
Kippley stressed that while new regulations create challenges, they also present opportunities for input suppliers and retailers to demonstrate leadership.
One example is the use of drift-reduction adjuvants. “Last year Liberty ULTRA received a ten-foot mandatory buffer,” he explained. “If you use a drift reduction adjuvant, that buffer can be reduced to zero.”
This type of mitigation is beneficial not only for compliance but also agronomically and environmentally. “Growers want to do the right thing,” Kippley emphasized. “These tools help make sure the product stays where it’s supposed to be.”
Another mitigation tool EPA approved is polyacrylamide-based products, which contribute points toward runoff mitigation requirements. As Kippley noted, “If runoff is a concern, these products can help you reach your point requirements.”
Retailers who are proactive in educating growers about these options can position themselves as critical partners in navigating the new landscape.
Industry Collaboration Reaches a New Level
One of the strongest themes throughout the conversation was the value of collaboration. CPDA, CropLife America, and ARA have worked closely together to develop resources — including educational videos, toolkits, and the newly published ESA Technical Guide to Mitigation Options, published in partnership with CropLife.
“We like to say that collaboration is the new currency,” Kippley said. “This guide is something we want sitting on every dealer’s desk.”
The guide provides a snapshot of regulatory expectations for 2026, real-world mitigation examples, and explanations of product categories currently receiving ESA label language. The goal, Kippley said, is simple: “To make this easy for everybody to be in compliance and do the right thing.”
2026: A Year of Learning, Preparation, and Adaptation
Although the number of products with ESA language remains limited today, the list is expected to grow steadily through 2026 and beyond. But Kippley expressed confidence that the industry will adapt. “This is new for everybody — but it’s manageable,” he said.
Retailers who invest in training, stay informed through industry associations, and proactively guide growers through compliance decisions will be best positioned to navigate the transition.
As Kippley concluded, “Now is the time to help your grower customers think through field by field. Today it’s not many products, so it’s very manageable — but we need to prepare.”
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