§136o Imports and Exports

Summary

Allows pesticides or devices made only for export to be handled differently from U.S. rules if they are packed or made the way the foreign buyer asks. Producers of those exported products must still follow the listed rules in sections 136(p), 136(q)(1)(A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e, and 136f. If an exported pesticide is not registered in the United States under section 136a or sold under section 136d(a)(1), the foreign buyer must sign a statement saying they know it is not registered for U.S. use, and a copy of that statement must be sent to an official of the importing country. When a pesticide registration is granted, canceled, suspended, or changed, the Administrator must tell other countries through the State Department and can share details or alternatives if asked. The Secretary of the Treasury must tell the Administrator when pesticides or devices arrive and, if asked, give samples for inspection. If a sample is unsafe, misbranded, or breaks these rules, the shipment can be refused and destroyed unless the consignee exports it within 90 days of the refusal notice. The Treasury can release a shipment early if the consignee posts a bond equal to the full invoice value plus duty; failure to return the shipment when required means losing the bond. Storage and handling charges for refused shipments must be paid by the owner and can become a lien on future imports. Seed that contains a plant‑incorporated protectant does not require notice to the Administrator if that protectant is registered under section 136a, has an experimental use permit under section 136c, or the seed is covered by a permit or notification under part 340 of title 7, Code of Federal Regulations (or successor rules). The Secretary of Agriculture must give the Administrator a list of approved seed imports on request in a form and schedule they agree on. These rules do not limit the Secretary of Agriculture’s powers under the Plant Protection Act (7 U.S.C. 7701 et seq.) or the Federal Seed Act (7 U.S.C. 1551 et seq.). The Administrator must work with the State Department and other agencies on international pesticide research and rules, and the State Department must pay expenses for EPA employees who serve on treaty-related boards or committees. The Secretary of the Treasury, after consulting the Administrator, must make regulations to enforce the import rules in subsection (c).