Pesticides

The US Environmental Protection Agency (EPA) regulates all pesticides and pesticide devices sold in the US regardless of where they are manufactured. 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 Products

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. 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.

Importing Pesticides and Pesticide Devices

If you are importing a pesticide, you will need to follow the appropriate requirements for Producers and follow an additional set of requirements:

1. The business manufacturing the pesticide must be registered in the United States as a producer. Producers need to register as a pesticide producing establishment. "Production" includes formulation, packaging, repackaging, labeling and relabeling; any of these activities requires that you get a company number, complete a one-time registration process, and report annually on your producer activities. Learn about these requirements at https://www.epa.gov/compliance/pesticide-establishment-registration-and-reporting. If you have questions about these requirements or how to comply, find the contact for the EPA Region where you are located at https://www.epa.gov/compliance/pesticide-establishment-registration-and-reporting-contacts. If your facility is located outside the United States, see the contact for “foreign establishments.”
   TIP: If you stop becoming a producer, you can submit a letter requesting termination of your establishment to the pesticide establishment coordinator where you are located. This will terminate your requirement to report annually.
2. Each product must also be registered and have a label approved by EPA. Learn about the product registration and labeling process at https://www.epa.gov/pesticide-registration/about-pesticide-registration.
3. More information on FIFRA import requirements can be found at https://www.epa.gov/compliance/importing-and-exporting-pesticides-and-devices.
4. For each shipment that arrives in the United States, there must be a Notice of Arrival form for every product in every shipment. Find the form and instructions for submitting at Pesticide Notices of Arrival (EPA Form 3540-1) at https://www.epa.gov/compliance/epa-form-3540-1-notice-arrival-pesticides-and-devices; the instructions are on the form. During the coronavirus pandemic, EPA is accepting the forms via e-mail. Please contact the Regional coordinator for the Region where your shipment will be arriving if you have questions and for instructions for submitting via email. Find Regional contacts at https://www.epa.gov/compliance/regional-contacts-questions-concerning-notices-arrival-epa-form-3540-1. EPA will review the form and make a determination if the shipment should be released. The importer or the importer's agent must then submit the approved form to Customs and Border Protection.
5. Distributors who enter into agreements with registrants as permitted under 40 CFR 152.132 have additional requirements. The distributor is also known as a “subregistrant” and is considered an agent of the registrant. Both the registrant and the distributor may be held liable for violations pertaining to the distributor product. Find information on the requirements for supplemental distribution at https://www.epa.gov/pesticide-registration/pesticide-registration-manual-chapter-9-supplemental-distribution-registered.

Note: U.S. 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. Find the NOA form (EPA Form 3540-1) and instructions for submitting at https://www.epa.gov/compliance/epa-form-3540-1-notice-arrival-pesticides-and-devices; the instructions are on the form. Find CBP's EPA Supplemental Guidelines at https://www.cbp.gov/sites/default/files/assets/documents/2019-Feb/ACE%20CATAIR%20EPA%20Supplemental%20Guidelines.pdf.

Pesticides and Devices Intended for Export

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. 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

Notes:

• Find the enforcement policy for exports 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).

More Resources

• EPA Registration Division. The Registration Division (RD) is responsible product registrations, amendments, registrations, tolerances, experimental use permits, and emergency exemptions for conventional chemical pesticides.
• Multilingual 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 pesticides.
• FIFRA 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.
• Consumer Guide on Pesticide Devices: https://www.epa.gov/safepestcontrol/pesticide-devices-guide-consumers.
• Avoid illegal pesticide products.