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  Region 10 (Alaska, Idaho, Oregon, and
        Washington) Contacts:

     EPA Region 10 Pesticides Program
  (206) 553-0505, (206) 553-4768, or toll-free at
           1-800-424-4372

Debra Packard, Community Involvement Coordinator
       (206) 553-0247, or toll-free at
        1-800-424-4372, ext. 0247

 To ensure effective communication with everyone,
 additional services can be made by calling EPA's
      toll-free number 1-800-424-4372

    Web Surfing for EPA Region 10:
       Check out our homepage at:
       http://www.epa.gov/r1 Dearth
EPA910-F-99-004
    United States
    Environmental Protection
    Agency
                                                                                                     Region 10
                                                                                                     1200 Sixth Avenue
                                                                                                     Seattle WA 98101-1128
    Questions
    A  Customs
    Inspector May
    Have About
                                                                                  Pesticide
                                                                                  Devices

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What is a Pesticide?

A pesticide is any substance or mixture of
substances intended for preventing, destroying,
repelling, or mitigating any pest. A pesticide can also
be described as any substance or mixture of
substances intended for use as a plant growth
regulator, defoliant or desiccant.  Examples of
pesticides in addition to insect and plant control
substances include disinfectants, biocides and mildew
or fungus control agents, and animal control
substances.

The law regulating the sale, distribution and use of
pesticides is the Federal Insecticide Fungicide and
Rodenticide Act (F1FRA), at 7 United States Code
(U.S.C.) Section 136. States are usually delegated
authority to administer pesticide programs. All
pesticides are required to be registered with the U.S.
Environmental Protection Agency, and all registered
pesticides are required to display the registration
number on their label.

What is a Pesticide Device?

A pesticide device is any instrument or contrivance
intended for trapping, destroying, repelling, or
mitigating any pest.  Examples of devices include
certain ultraviolet light systems, ozone
generators, water filters, black light traps, and
ultrasonic rodent or insect repellents.

Pesticide devices are not required to be
registered with EPA, but their production site
is required to be a registered establishment.
This establishment number is required to be
on the device label.
What is considered a violation of FIFRA?

Potential violations of the FIFRA pesticide law include:

  • Sale or distribution of unregistered pesticides;
    This includes offering for sale, shipping, holding
    for shipment, receiving and delivery, or offering to
    deliver unregistered pesticides

  • Sale or distribution of pesticides with label
    information or ingredients that are different from
    what was approved by EPA when the pesticide
    was registered;

  • Violations of EPA stop sale orders or cancellation
    orders for a particular  substance;

  • False statements related to use/registration/
    importation data;

  • Misapplication of a pesticide, contrary to label
    instructions.

The illegal sale, distribution and application of
             pesticides are major problems
             throughout the United States. The
             misapplication of pesticides in areas or
             on specific crops not intended for their
             use can lead to harmful  effects on
             humans, animals, and plant life.
As an inspector, what should I look for
when inspecting a shipment of pesticides?

An EPA Notice of Arrival (Form #3540-1) must be
submitted prior to the importation of pesticides.  Any
perceived problems with the paperwork or
inconsistencies with the actual product should be
noted (label discrepancies, etc).

As an inspector, you may see pesticides in final
packaged form (ready to use) or in bulk containers in
higher concentrations for further manufacturing.  If
you suspect that a  container/vehicle/load contains
pesticides:

  1. Make initial observations from a safe distance

  2. Do not attempt to stop leaks, close valves or
    other response actions without personal
    protective equipment, and

  3. Never sample  containers without trained
    personnel present.

Inspectors should obtain the product label and look for
the EPA registration number and the EPA
establishment number and record this information.
Inspectors should also document the identification of
the person(s) importing the pesticide and the intended
consignee.

Under what circumstances is a pesticide
allowed into the U.S.?

  • A registered pesticide may be brought into the
    U.S. when accompanied by an EPA Notice of
    Arrival (Form #3540-1)

  • A pesticide device may be brought into the U.S.
    when accompanied by an EPA Establishment
    Number and EPA Form #3540-1.

  • An unregistered pesticide may be allowed entry
    into the U.S. if it is approved by EPA for use
    exclusively under an experimental permit, an
    emergency exemption, or for formulation into a
    product solely  for export.

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