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Pesticide Registration (PR) Notice 99-1: Import of Unregistered Pesticides Intended for Export


March 1, 1999

Notice to: Manufacturers, Producers, Formulators, Registrants and Importers of Pesticide Products

Attention: Persons Responsible for the Importation of Pesticide Products

Subject: Import of Unregistered Pesticides Intended for Export


This Pesticide Registration (PR) notice clarifies EPA's
interpretation of the scope of the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA) Section 17 (a)(1), as it relates to the
import of unregistered pesticides, devices or active ingredients
used in producing a pesticide when the importation is solely for the
purpose of formulation or packaging for subsequent export. Under the
interpretation provided in this PR notice, such pesticides do not
require registration under FIFRA, as long as they comply with the
provisions outlined below. This interpretation is effective

In general, unregistered pesticides and unregistered active
ingredients are not permitted to be imported. However, if a pesticide
or unregistered active ingredient is being imported for the sole
purpose of meeting the specifications of a foreign purchaser, such an
import is permitted. The Agency interprets Section 17(a)(1) to allow
the importation of unregistered pesticides or unregistered active
ingredients used in producing a pesticide, provided the ultimate
pesticide is produced for export only according to the specifications
of the foreign purchaser. This policy does not authorize the
importation of unregistered pesticide for the purpose of producing a
U.S. registered product, even if part or all of that production is
intended for export.


The Agency has received requests from a number of companies to
allow importation of unregistered pesticidal active ingredients for
the purpose of allowing reformulation into a pesticide intended to
be exported. The requestors have essentially asked the Agency to
interpret section 17(a) of FIFRA in a way that would exempt such
importation from the requirements of FIFRA. That section provides
in part that "no pesticide or device or active ingredient used in
producing a pesticide intended solely for export to any foreign
country shall be deemed in violation of [FIFRA] when prepared or
packed according to the specifications or directions of the foreign
purchaser," provided the producers of such pesticides, devices, or
active ingredients used in producing pesticides comply with various
specified provisions of FIFRA sections 2, 7 and 8.


A. Conditions Permitting Import

Having considered this issue, EPA believes there are certain
circumstances under which unregistered pesticides and/or active
ingredients may be imported into this country consistent with section
17. Specifically, EPA will consider importation of an unregistered
pesticide or active ingredient into this country to be a lawful act
under FIFRA if all of the following conditions apply:

1. The foreign producing establishment is registered
under FIFRA Section 7 and is compliant with Section 7
reporting requirements.

2. Importation of the unregistered pesticide or active
ingredient complies with all applicable regulations and
section 17 of FIFRA (including presentation of an EPA
authorized Notice of Arrival which specifies the quantities
to be exported to Customs upon entry into the U.S.).

3. The shipment otherwise complies with all applicable
Customs laws and regulations.

4. Upon lawful release by Customs, the imported
unregistered pesticide or active ingredient is transported
directly to a registered pesticide establishment. The owner
of such establishment shall be responsible for filing an
appropriate report under FIFRA section 7 concerning such
imported pesticide or active ingredient which indicates the
relevant activity, such as reformulation, relabeling or

5. Section 17(a) allows distribution (and importation)
of an unregistered pesticide or active ingredient only if
the pesticide or active ingredient are intended solely for
export and have been prepared or packaged according to the
specifications of the foreign purchaser. EPA interprets
this to mean that the importation (and any subsequent
movement) may occur only after a foreign purchaser has been
identified and has provided the specifications for the
exported product.

6. After the final product for export is formulated and
packaged, any distribution or shipment of the product must
be solely for the purpose of facilitating export of the
product (i.e., all movement of the product must be directly
related to exporting the product, such as shipment to a
warehouse awaiting export, dock or broker).

7. The unregistered pesticide or active ingredient, and
each person with any obligation under FIFRA section 2, 7,
or 8 with respect to the unregistered pesticide or active
ingredient, are at all times in compliance with all the
applicable provisions of FIFRA identified in 17(a)(1).

8. The export of any unregistered pesticide or active
ingredient complies with the purchaser acknowledgment
requirements of 17(a)(2) of FIFRA.

9. The importer can demonstrate that, ultimately, all
of the product has been exported, or is being held pending

B. Conditions after importation

EPA will consider any shipment or distribution after the
original importation to a registered facility in the United States to
be permissible under FIFRA (including section 17(a)) under the
following conditions:

1. The shipment is either in compliance with 40 CFR 152.30 (a)
(the shipment is between registered establishments owned or
operated by the same producer) or,

2. The shipment is distributed only to facilitate export (the
pesticide or active ingredient has been prepared or packaged
according to the specifications of an identified foreign

If any other shipments or distributions of an unregistered pesticide
or active ingredient are made in the United States after the initial
importation, the shipper is advised to have evidence indicating that
the shipment conforms to the conditions outlined above. By way of
example, such evidence could include an identification of the foreign
purchaser, an explanation of why the shipment or distribution is
necessary to facilitate legal export of a product under section 17(a)
of FIFRA. Failure to produce such evidence could result in otherwise
unnecessary stopping of the shipment, and/or a violation of FIFRA for
selling or distributing an unregistered pesticide outside this limited


Any questions should be directed to: Cathleen M. Barnes,
Government and International Services Branch, Field and External
Affairs Division (7501C), Office of Pesticide Programs, USEPA,
401 M Street, S.W., Washington D.C., 20460, phone:703-305-7101,
fax:703-308-1850, e-mail: barnes.cathleen@epa.gov.

Marcia E. Mulkey
Director, Office of Pesticide Programs

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