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EPA Proposes Revision to Pesticide Export Labeling Regulations

For Release: July 14, 2014

The EPA is proposing to revise its regulations on pesticide export labeling. Once final, this rule would correct the inadvertent removal of a provision of the regulations that occurred in the January 2013 revisions to these regulations.

The EPA is proposing to restore the provision that allows information required under the pesticide export regulations to be placed on collateral labeling (such as bulletins, leaflets, circulars, brochures, data sheets, or flyers) attached to a shipping container of pesticide products rather than on the immediate package of each individual product in the shipment. Typically, products that are manufactured in the United States for export bear a label that meets the requirements of the importing country.  Since that label may not meet all the requirements for labeling in the United States while in transit in the United States, products intended for export will be allowed to meet those requirements by labeling attached to the shipping container.

On January 18, 2013, the EPA revised its export label regulations in 40 CFR part 168 subpart D concerning the labeling of pesticide products and devices intended solely for export.  Industry stakeholders subsequently expressed concern to the EPA that certain labeling provisions no longer appeared in this subpart, and the inability of registrants to use the labeling method allowed in the previous regulations could create trade barriers and increase costs. The EPA agreed and on April 30, 2014, issued a direct final rule to replace the provision that was inadvertently removed. Because the EPA received two written adverse comments on the direct final rule, we must withdraw that direct final rule.  At the same time, the EPA is also issuing a new proposed rule and seeking public comment on the proposed changes to the export regulations and the issues raised by the adverse comments received.

The Federal Register Notice is available for public review and comment in docket number EPA-HQ-OPP-2009-0607 at www.regulations.gov. Instructions for submitting comments are available also in the docket. Comments are due by August 11, 2014.

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