§136o Imports and Exports

Summary

Pesticides or pesticide ingredients made only to be sold to another country are not treated as breaking U.S. pesticide rules if they are made or packed the way the foreign buyer asks. Producers of those export-only products still must follow the specific U.S. rules listed in sections 136(p), 136(q)(1)(A),(C),(D),(E),(G),(H), 136(q)(2)(A),(B),(C)(i),(C)(iii),(D), 136e, and 136f. If a pesticide is not registered under section 136a or sold under section 136d(a)(1), the exporter must get the foreign buyer to sign a statement saying they know the product is not registered for use in the United States and cannot be sold here. When a pesticide registration is granted, canceled, suspended, or changes status, the EPA Administrator must tell other countries and international agencies through the State Department. If asked, the Administrator must share details about cancellations or suspensions and about other registered pesticides that could be used instead. The Treasury Department must tell the Administrator when pesticides or devices arrive and, if asked, give samples. Owners can appear and speak. If a sample is adulterated, misbranded, violates the law, or harms health or the environment, the shipment can be refused and destroyed if not exported within 90 days of the notice. Treasury may release a shipment during review if the owner posts a bond equal to the full invoice value plus duty; failure to return the shipment when required means the bond is forfeited. Owners must pay storage and handling charges, which can become a lien on future imports if unpaid. No one must notify the Administrator about a plant-incorporated protectant in seed if that protectant is registered under 136a, has an experimental permit under 136c, or the seed is covered by a permit or notification (see 40 CFR 174.3 and 7 CFR part 340). The Secretary of Agriculture must give the Administrator a list of approved seed with plant-incorporated protectants when requested. The EPA must work with the State Department and other agencies on international pesticide research and rules, and the State Department pays EPA travel costs for treaty-related meetings. The Treasury, with the Administrator, must write rules to enforce the import rules above.