United States Environmental Protection Agency Revised November 1978 OPA 11,9 when it arrives at the U.S. port. The com- pleted form is then returned to the importer or his agent. In the past, the U.S. Customs Service reported pesticides imports to EPA at the time they entered the country. Consequent- ly, the products were often held up while Er>A determined if they were in compliance with the law. By permitting the initial papers to be completed before a shipment arrives, the new procedures can help speed imports to their destination. Upon arrival at the port, the pesticides shipment may be released immediately if the product and all papers are in order. If the shipment is detained, the importer can avoid storage charges at the port by posting a delivery bond approximately equal to the value of the shipment. If a pesticide is sold or distributed without EPA release, the delivery bond may be forfeited. A shipment may be detained if: The Notice of Arrival is incomplete. The Notice refuses entry of the ship- ment. The Notice orders that the shipment be examined or analyzed to determine if it is in compliance with the Act. About one fourth of incoming shipments are examined to determine if they are properly labeled. A limited number of samples are collected, often products never previously sampled or products of firms with histories of viola- tions. Products previously in violation are inspected and samples analyzed to deter- mine if they are now complying with the Act. After completing the inspection, EPA may: Release the shipment if it is in compli- ance. Order changes to bring the shipment into compliance. Refuse entry of the shipment. The im- porter must then return it to the country of origin or destroy it. If you have suggestions, questions, or requests for further information, they may be directed to your nearest EPA Regional office. EPA Region 1 JFK Federal Bldg, Boston MA 02203 Connec- ticut. Maine. Massachu- setts, New Hampshire. Rhode Island, Vermont 617-223-7210 EPA Region 2 26 Federal Plaza New York NY 10007 New Jersey, New York, Puer- to Rico. Virgin Islands 212-2642525 EPA Region 3 6th and Walnut Streets Philadelphia PA 19106 Delaware, Maryland, Pennsylvania, Virginia, West Virginia. District of Columbia 215-597.9814 or U.S. Environmental Protection Agency Pesticides and Toxic Substances Enforcement Division (EN-342) Washington DC 20460 U.S.A. EPA Region 4 346 Courtland Street NE Atlanta GA 30308 Alabama, Georgia, Florida, Mississippi, North Carolina. South Carolina, Tennessee. Kentucky 404-881-4727 EPA Region 5 230 S. Dearborn Chicago IL 60604 Illinois, Indiana. Ohio. Michigan, Wiscon- sin, Minnesota 312-353-2000 EPA Region 6 1201 Elm Street Dallas TX 75270 Arkansas, Loui- siana, Oklahoma, Texas, New Mexico 214-767-2600 EPA Region 7 1735 Baltimore Avenue Kansas City MO 64108 Iowa, Kansas, Missouri, Nebraska 816-374-5493 EPA Region 8 1860 Lincoln Street Denver CO 80203 Col orado, Utah, Wyoming. Montana, North Dakota, South Dakota 303-837-3895 EPA Region 9 215 Fremont Street San Francisco CA 94105 Arizona, California. Nevada, Hawaii, Guam. American Samoa, Trust Territories of the Pacific 415-556-2320 EPA Region 10 1200 Sixth Avenue Seattle WA 98101 Alaska, Idaho, Oregon Washir ton 206-442 1220 Enforcement &EPA Importing Pesticides into the United States? < o? ? I si (B c % O 9L c S 2 ------- Are you a producer or importer planning to sell or distribute pesticides in the United States? If so, you should know that these products, and the establishments pro- ducing them, must meet certain require- ments under U.S. law. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has provided a legislative framework for pesticide regula- tion in the United States since 1947. The U.S. Department of Agriculture was re- sponsible for pesticide regulation until 1970, when the U.S. Environmental Protection Agency (EPA) was created and assumed this responsibility. The regulatory authorities of RFRA were extended by a set of amendments known as the Federal Pesticide Act of 1978. The Federal requirements are in- tended to protect man and the environment from any harmful effects of pesticides while ensuring that these products may be used to the fullest extent necessary. Section 17 of the amended Act specifi- cally regulates both imports and exports. Pesticides intended solely for export from the United States must be prepared and packaged according to the specifications of the foreign purchaser and must meet cer- tain labeling requirements. The Act also re- quires that a U.S. producer of pesticides for export register his establishment(s); main- tain books and records on production, sales, and distribution; and allow EPA to inspect his establishments. Pesticide products imported into the United States and establishments in which they are produced, however, must meet the same requirements as domestic pro- ducers. Product Registration Registration of Establishments EPA is charged by Congress to protect the Nation's land, air and water systems. Under a mandate of national environmental laws focussed on air and water quality, solid waste management and the control of toxic substances, pesticides, noise and radiation, the Agency strives to formulate and implement actions which lead to a compatible balance between human activities and the ability of natural systems to support and nurture life. Federal law requires that all pesticides in- Books tended for sale in the United States and Records including imported productsmust be registered with EPA. To obtain a registra- tion, a manufacturer must submit data to EPA showing that the product, when used as directed: Will be effective against the pests listed on the label. Will not injure people, animals, and crops, or damage the environment. Will not result in illegal residues on food or feed. Registered products must meet all the labeling requirements of the amended Act. The label must include the EPA product registration number, an ingredient state- ment, the name and address of the pro- ducer or the registrant, the necessary cau- tionary statements, and directions for use. Statements or graphic representations on the label may not be false or misleading. If the product is to be used on a food or feed crop, a tolerance level for residues must be established by EPA. Products failing to comply with registration or labeling require- ments will be denied entry into the United States. For further information on product registration write: U.S. Environmental Protection Agency Office of Pesticide Programs Registration Division (TS-767) U.S. Washington DC 20460 U.S.A. Shipments Section 7 of the amended Act requires that pesticide producers register their establish- ments. Foreign producers must: Register those establishments in which they produce pesticides to be shipped to the United States for sale or distribution. To register, a foreign producer must submit a form entitled "Application for Registration of Pesticide-Producing Establishments" to EPA's Pesticides and Toxic Substances En- forcement Division in Washington, D.C. Forms are available from EPA Headquarters or any EPA regional office. If the applica- tion is satisfactory, the Pesticides and Toxic Substances Enforcement Division assigns an establishment number (EPA tst.) List the producing establishment number on the label or container of each pesticide product. Submit annual reports on types and amounts of pesticides shipped to the United States. Section 8 of the amended Act requires that each establishment maintain detailed books and records of its production and distribu- tion. For materials he ships to the United States, a foreign producer must keep records on: Brand names, registration numbers, batch numbers, and amounts per batch of pesticides. Brand names and quantities of devices. Brand names and quantities of receipts and shipments of pesticides or devices, as well as the name of the originating or delivering carrier, the name and address of the shipper, name and address of the con- signee, and the dates of receipt or ship- ment. Such records are required even for transfers between plants of the same com- pany. Inventories covering the brand names and quantities of pesticides and devices in stock. All tests conducted on human beings and any adverse effects on the environment. Records of production and shipment must be retained for two years. Other records must be retained for various periods as specified by Federal regulations. All records are subject to inspection and reproduction by authorized EPA represen- tatives. All imported pesticides must meet the pro- visions of the amended Act before they can enter the United States. An exception is made for chemicals imported in small amounts to undergo testing for pesticidal value. If the user has no intention of receiv- ing any direct pest control benefits from these chemicals, the only requirement governing their importation is that they carry instructions for proper handling dur- ing transportation. Most individuals planning to import pesticides or devices into the United States should obtain a copy of the form "Notice of Arrival of Pesticides and Devices" from the appropriate EPA regional office. After the form is filled in, it is returned to the regional office which completes it, in- dicating how the shipment is to be handled ------- |