U.S. Environmental Protection Agency
                   Office of Inspector General

                   At   a  Glance
                                                            10-P-0026
                                                     November 10, 2009
                                                                Catalyst for Improving the Environment
Why We Did This Review

We initiated this review to
evaluate whether the U.S.
Environmental Protection
Agency (EPA) has properly
implemented Federal
Insecticide, Fungicide, and
Rodenticide Act (FIFRA)
Section 17(a) with respect to
the Foreign Purchaser
Acknowledgement Statements
(FPASs), and whether
controls are in place to ensure
the safety of imported foods

Background

Pesticides not registered for
use in the United States may
be manufactured domestically
and exported abroad.  FIFRA
Section 17(a) requires that
before an unregistered
pesticide is exported, the
foreign purchaser must sign
an FPAS acknowledging
awareness that the pesticide is
not registered and cannot be
sold for use in the United
States.

For further information,
contact our Office of
Congressional, Public Affairs
and Management at
(202)566-2391.

To view the full report,
click on the following link:
www.epa.qov/oiq/reports/2010/
20091110-10-P-0026.pdf
EPA Needs to Comply with the Federal Insecticide,
Fungicide, and Rodenticide Act and Improve Its
Oversight of Exported Never-Registered Pesticides
 What We Found
EPA is not complying with FIFRA Section 17(a) which is, in part, intended to
notify the government of an importing country that a potentially hazardous
pesticide was imported into that country. Specifically, EPA does not comply
with requirements to provide notice to all countries importing unregistered
pesticides. EPA does not ensure manufacturer compliance with FIFRA Section
17(a) notification requirements.  Consequently, there is no assurance EPA is
receiving the entire universe of export notifications in any given year. Finally,
export data on unregistered pesticides are insufficient for tracking and analysis.

Export notification practices and data requirements are insufficient to monitor for
the potential re-entry of never-registered pesticides on imported foods or to
determine whether a dietary risk to U.S. consumers exists. The safety of
unregistered pesticides intended solely for export is not evaluated by EPA.
Therefore, the risk associated with never-registered pesticides is unknown. EPA
does not know the pesticide class, volume, use, or final destination of
unregistered U.S. pesticide exports.  EPA also cannot provide the Food and Drug
Administration and the U.S. Department of Agriculture with information needed
to monitor and detect pesticide residues  from pesticides that have never been
registered for use in the United States. Therefore, the extent of dietary risk from
never-registered pesticide residues on imported foods is unknown.
 What We Recommend
We recommend that EPA comply with statutory mandates, implement
management controls, and establish procedures for identifying and mitigating any
dietary risk to consumers from never-registered pesticides.

The Agency stated that it had now checked the specific subset of FPASs
highlighted in the report. The Agency concluded that since it did not find a
problem after reviewing these Fiscal Year 2007 FPASs, there is no basis for
change in procedures or further analysis. The Agency comments were
nonresponsive to the findings and recommendations. The Agency addressed
neither its compliance with FIFRA Section 17(a) requirements nor the
insufficient control process to monitor for potential re-entry of never-registered
pesticides. All recommendations are undecided.

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