|EPA's definition of pesticides is broad; often misunderstood to refer only to insecticides, the term pesticide also applies to herbicides, fungicides, and various other substances used to control pests. more
EPA regulates pesticides
under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA section 17 governs the import of pesticides into and the export of
pesticides from the United States.
Importing and Exporting Pesticide
EPA regulates both the import and export of pesticides. All pesticides which are intended to be used in the US must first be registered with EPA prior to import. All registered pesticides which are exported to other countries must bear the product label approved by EPA; for those unregistered pesticides which are exported, exporters must meet the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 17(a) related to foreign purchaser acknowledgement statements, export notification and labeling. The US is a
signatory to the Rotterdam
Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade, which controls trade
in banned and severely restricted pesticides. Ratification activities are
underway; once ratified, the PIC Convention requirements may affect the existing
export procedures for listed substances.
Pesticides and Devices Intended for Export
Pesticides intended solely for export are not required to be registered
provided that the exporter:
- Obtains and submits to EPA, prior to export, a statement from the foreign
purchaser acknowledging that the purchaser is aware that the product is
not registered in the United States and cannot be sold for use there. EPA
sends these statements to the government of the importing country.
- Must be labeled "Not Registered for Use in the United States"
- Meet certain minimal labeling requirements, and must have certain labeling
language in English and in the language(s) of the imported country(ies)
- Comply with FIFRA establishment
registration and production reporting requirements
- Comply with FIFRA record keeping requirements
- The enforcement policy for exports is codified at 40 CFR 168.65, 168.75, and 168.85.
- Regarding pesticide export labeling, until a direct final rule is complete, No Action Assurance (NAA) is in place. Pursuant to this NAA, EPA will not enforce for violations of the pesticide export labeling requirements found in 40 CFR Part 168, Subpart D solely for pesticides exported on or after January 21, 2014, subject to very specific conditions and limitations (see NAA).
|The Pesticide Registration Kit is available online. This kit contains links to necessary registration forms, as well as to pertinent Pesticide Registration (PR) Notices, Federal Register Notices, contact lists and other information.
Importation of Pesticides
All pesticides and devices imported into the United States must:
- Comply with U.S. pesticide law
- Be registered with EPA (see information box on right), except where exempted by regulation or statute,
- Not be adulterated or otherwise violative,
- Properly labeled,
- Produced in an EPA-registered
establishment that files annual reports with the Agency
The company must:
|Pesticidal devices are regulated under FIFRA. To find out which devices are covered and the specific rules, Click Here.
- Notify EPA of the arrival of imported pesticides and devices through
of Arrival form (EPA Form 3540-1) (PDF, 935 KB,
2 pages) prior to importation
- Submit the form to the EPA regional office applicable to the intended
port of entry
Customs and Border Protection (CBP) regulations prohibit the importation
of pesticides without a completed Notice of Arrival (NOA). The NOA indicates
the identity and amount of the product, the arrival date, and where the
product can be inspected. The EPA-reviewed and signed form is returned
to the importer for presentation to CBP's district director at the port
of entry. After arrival, EPA may inspect the shipment for compliance with
U.S. pesticide laws.
EPA issued the following policy documents on pesticide
imports and exports:
Labeling. Interpretive guidance in the form of questions
and answers that is intended to assist in compliance with the EPA's
February 18, 1993 policy (58 FR 9062) regarding the exportation of
Export Policy. Questions and answers on supplemental labeling, effective
date, registration status for labeling purposes, foreign purchaser acknowledgement
statements, and confidentiality.
Export Policy. Questions and answers on research and development
pesticides and active ingredient concentrations. This
guidance addresses the issue of FIFRA applicability to exported research
and development pesticides, and the effect of active ingredient concentrations
on registration status. This guidance only addresses the obligations
of exporters under the pesticides export rule, and is not intended to
address legal obligations under any other rule or statute.
EPA Registration Division. The Registration Division (RD) is responsible product registrations, amendments, registrations, tolerances, experimental use permits, and emergency exemptions for conventional chemical pesticides.