Pesticide Labeling Questions & Answers - Import/Export
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(Note: Contact your Pesticide Product Registration Ombudsman for specific label issues about a single product).
These answers are not intended to create significant new guidance or require any changes to previously accepted labeling. The Agency will contact registrants directly about how to correct problematic labels as appropriate. Changes to EPA accepted labeling will only be required in accordance with standard agency procedures. These answers are primarily based on federal law, regulations and policies implemented by EPA. States, tribes, territories, and other federal agencies may have additional requirements relevant to their jurisdictions.
- Advertising Claims
- Antimicrobial Claims
- Contract Manufacture
- Use Sites
- Definitions of Terms
- Distributor Product Labeling
- Exception to Use in a Manner Not Permitted (FIFRA Sec 2ee)
- Existing Stocks
- General Labeling
- Labeling from Web Sites
- Multiple Products Packaged Together
- NAFTA Labeling
- Pesticide Exemption (FIFRA 25B)
- Pictures and Logos
- Repacked Products
- Service Containers
- Subject to FIFRA
- Superlative Terms
- Supplemental Labeling (NOT distributor products)
- Is there any export/import certification required for the export of an insect pheromone to a foreign country for analysis and subsequent reimport back to the United States? LC13-0640; 07/19/13
40 CFR Part 152.25(b) exempts pheromones and pheromone traps that meet the conditions listed from all provisions of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This would include the import and export requirements of FIFRA. Many pheromones are subject to the provisions of the Toxic Substances Control Act (TSCA). The checklist on page 19 of the following compliance guide (http://www.bordercenter.org/chem/import_document_sigs.pdf) explains how to comply with the TSCA import certification requirements. If the pheromone in question does not meet the conditions for exemption, it must be registered and would be subject to the export and import requirements of FIFRA.
- A company wants to export a pesticide product (FIFRA registered) from their Canadian plant to other countries. Shipping directly from Canada, it is understood that the product must bear both the Canadian label and the label of the destination country. A question came up about the need for FIFRA labeling: specifically – if they cannot ship from a Canadian port and want to move the product from Canada (with a proper Canadian label affixed) to a port in the US (not offering the product for or any type of pesticide activity), essentially just trans-shipping to a country. Is there a requirement to also affix the US FIFRA label to the product? (Note: They are clear that these are necessary if they are shipping to US for sale or use of the pesticide product.) LC12-0570; 11/01/12
Any pesticide imported into the U.S. must be accompanied by a Notice of Arrival that has been reviewed and signed by the appropriate EPA official and presented to U.S. Customs. In order for the Canadian company to move the product through the U.S. as an unregistered product (i.e., not bearing the U.S. approved label) for the purpose of exporting it, they must comply with the Notice of Arrival requirement and export in accordance with FIFRA section 17(a) and the requirements of 40 CFR Part 168.65.
- A product is made in the UK, and it is then blended with a product that is made in the US, what statement should go on the label? "Made in the UK" or "Made in the USA". LC12-0502; 03/08/12
EPA has no requirement to list the country of origin on pesticide labeling, but if it is included it cannot be false or misleading. FIFRA 2(q)(1)(A) defines "misbranded" in part as "its labeling bears any statement... which is false or misleading in any particular." It is a violation of FIFRA to sell or distribute a misbranded pesticide. One way to express multiple counties of origin on the label would be to explain what parts of the production happened in which country. For example, for a product that was formulated in the UK but packaged and labeled in the US, the label could state "Formulated in the UK and packaged and labeled in the USA." Note also that the label or immediate container must bear the establishment number of the establishment where the final production step occurred. 40 CFR 156.10(f). For the example above, that would be the establishment where the product was packaged and labeled.
- We are a supplemental distributor of a pesticide and sell a pesticide product to a customer in the United States. The customer wants to send the product to their facility in Canada. Is it acceptable for the customer to apply the Canadian label onto the container and shipping box without needing to obtain an establishment number? LC12-0496; 02/08/12
The act of applying a label to a product, even a Canadian label, is considered “production” as per how the term "produce" is defined in 40 CFR § 167.3. Pursuant to 40 CFR § 167.20, any establishment where a pesticide is produced, including as well pesticide products for export, must be a registered establishment. The establishment must conform to all of the requirements of 40 CFR Part 167, including reporting the amount of product produced.
In the situation described above, it is also likely that the customer is creating an unregistered pesticide when it puts the Canadian label on the product. EPA has approved labeling, called "NAFTA labels," for a small number of products that meets both US and Canadian requirements and products bearing those labels would be considered registered. Information on NAFTA labels can be found at http://www.epa.gov/oppfead1/international/naftatwg/labels/implem-labels.htm. Outside the use of NAFTA labels, unregistered pesticide products can be sold or distributed in the United States for export to Canada provided they meet the requirements of 40 CFR part 168 Subpart D, Export Policy and Procedures of Exporting Unregistered Pesticides.
- If a pesticide is manufactured for export only, does the label have to be an approved label by EPA? LC10-0382; 1/6/11
No, the label of a pesticide manufactured only for export does not need to be approved by EPA. The label must, however, meet the requirements listed in 40 CFR 168.65. Some other FIFRA requirements also apply to pesticides manufactured for export; these are detailed in FIFRA section 17, 40 CFR 168.75 and 168.85.