• Certain rules and regulations under FIFRA apply to the import and export of pesticides and pesticide devices, many of them related to registration and labeling.
• Importers of all FIFRA-regulated pesticides and devices must comply with U.S. CBP regulations.

Certain rules and regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) apply to the import and export of pesticides and pesticide devices, many of them related to registration and labeling. The Environmental Protection Agency (EPA) also sets limits (known as “tolerances”) on how much pesticide residue may remain on food and feed products as well as other commodities, and these limits apply to those foods or commodities that are imported and exported.

EPA recommends that importers and exporters work with their legal counsel or enlist the aid of a pesticide regulatory consultant if they need additional assistance or clarification regarding these rules.

Importation of pesticides and related devices

• Importers of all FIFRA-regulated pesticides and devices (including unregistered pesticides) must comply with the U.S. Customs and Border Protection (CBP) regulations set forth at 12 CFR 12.110 to 12.117.
  • Unregistered pesticides may be imported only if the import meets the conditions of one of the specific exceptions in 40 CFR 152.30.
  • Persons who are importing unregistered pesticides for the sole purpose of exporting them must comply with Pesticide Registration Notice 99-1.
• No imported pesticide or device may be adulterated, misbranded, or otherwise violative of FIFRA.
• All imported pesticides and devices, including unregistered pesticides, must have been produced in an EPA-registered establishment, even when the production establishment is outside the United States. The pesticide or device must also be labeled accordingly with that establishment number. The producer is responsible for submitting annual production reports to EPA.
• Notice of Arrival of Pesticides and Devices (NOA). The CBP regulations implementing FIFRA 17(c)(1) prohibit the importation of pesticides without a completed EPA NOA. Upon entry of a shipment of pesticides or pesticide devices into the United States, and concurrent with the filing of the entry documentation, CBP must be in receipt of the information required by the EPA NOA. The EPA NOA information may be submitted on paper using EPA Form 3540-1 or electronically via any CBP-authorized electronic data interchange system. Importers and their agents are encouraged to file their EPA NOA information well in advance of their shipment’s arrival at the port of entry to allow time for EPA review, any requests for additional information, and any necessary corrections. More detailed information on the NOA filing options and procedures and tips for preventing common filing errors are available via the EPA-authored report Automated Commercial Environment (ACE) Tips and Guidelines for Filing EPA Notice of Arrival (NOA) for Pesticides and Devices, which can be found on CBP’s website.

Exportation of pesticides and related devices

• Registered pesticides that are exported must bear labeling (or collateral labeling per 40 CFR 168.69) that is approved by EPA as part of its registration. For the requirements related specifically to the export of registered pesticides, see 40 CFR 168.69.
• Unregistered pesticides. Pesticides intended solely for export are not required to be registered in the United States if the exporter complies with the labeling and other applicable requirements in 40 CFR 168.70 and 168.75, which in most cases will include the submission of a foreign purchaser acknowledgement statement (FPAS) to EPA. Additional information on how to file an FPAS can be found on the EPA pesticides website.
• Pesticide devices that are exported must bear labeling (or collateral labeling per 40 CFR 168.69) compliant with 40 CFR 168.71.
• All exporters of pesticides, devices, and active ingredients must also:
  • Keep records and permit inspections of those records in accordance with 40 CFR 169; and
  • Submit annual reports to EPA in accordance with 40 CFR 167.