§136o Imports and exports

Summary

Pesticides, devices, or active ingredients made only to be sold to other countries are not automatically treated as breaking U.S. pesticide rules if they are made the way the foreign buyer asks. But makers still must follow certain U.S. rules listed by section numbers: 136(p), 136(q)(1)(A),(C),(D),(E),(G),(H), 136(q)(2)(A),(B),(C)(i),(iii),(D), 136e, and 136f. If the product is not registered in the U.S., the foreign buyer must sign a paper saying they know it is not registered here and cannot be sold in the United States. When a pesticide registration starts, stops, or is changed, the EPA must tell other governments and international groups through the State Department and give more details if asked. The Treasury Department must tell the EPA when pesticides or devices arrive in the U.S. and must give samples if the EPA asks. Owners can appear and speak. If a sample is unsafe, misbranded, or breaks the rules, the import can be refused and destroyed unless the owner exports it within 90 days. Treasury can allow delivery under bond for the full invoice value plus duty, and unpaid storage or handling fees become a lien on future imports. Seeds that contain plant‑incorporated protectants follow special rules (see 40 CFR 174.3 and 7 CFR part 340), and the Agriculture Department will share approved seed lists with the EPA. The EPA will also work with the State Department on international pesticide research and rules, and the State Department pays travel costs for EPA staff on treaty review boards. Treasury, with EPA input, must make rules to enforce these import rules.