Importing and Exporting Pesticides
All persons or companies importing pesticides into the United States must first complete EPA Form 3540-1. This form, which is presented to U.S. Customs at the time the pesticide is being imported, gives basic information on the chemical formulation of the product being imported, the names of the broker and shipper, the EPA registration number and other information. The purpose of Form 3540-1 is to ensure that all pesticide products being imported are registered for use in the U.S. If the product being imported is not registered for use in the U.S., it can still be imported under the following three circumstances:
- The chemical being imported is to be used for research or development purposes only,
- The product is being brought in for reformulation, or
- The product is being temporarily held in the U.S. or is being transhipped or transported through the U.S. on its way to a destination outside of the U.S. In this case, the product must be placed under a "redelivery bond" while it is in the U.S.
Containers with small amounts of pesticide residue remaining in the container that are being brought back into the U.S. for refilling and reuse do require a Form 3540-1.
While pesticide products being exported from the U.S. do not require a special EPA form, they still must meet certain requirements. Pesticide products being exported must meet certain EPA labeling requirements, including a requirement for label wording in the language commonly used in the country to which the product is being sent (as outlined in 40 CFR 168.65 in the Code of Federal Regulations). Also, any company or person exporting a pesticide product that is not registered for use in the U.S. must first obtain a statement signed by the foreign purchaser prior to export. This statement acknowledges that the purchaser understands such pesticide product is not registered for use in the U.S. and cannot be sold in the U.S.
Margaret Collins (8P-P3T)
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, CO 80202-1129
For additional information or assistance on import issues, please contact:
Margaret Collins (firstname.lastname@example.org)
David Golden (email@example.com)