Import/Export - Pesticides
Importing PesticidesThe import of pesticides requires compliance with various regulations before the product can be successfully introduced into the United States. Prior to importation, the completion of a Notice of Arrival (NOA) form is required. The form consists of three sections; the first part must be completed by the importer, and after completion of section one, the NOA is sent to the U.S. EPA regional office that is responsible for the port into which the pesticide will arrive. After ensuring that the pesticide is properly registered, EPA will return the NOA to the importer and notify customs that the shipment is cleared for entry. Finally, the NOA is presented to customs upon entry into the United States. However, if a notice is not completed, customs can detain the product for up to thirty days.
Pesticides do not require registration if they are imported solely to produce pesticides for export, if they are being transferred between two facilities owned by the same producer, or if they are being transferred between two companies’ facilities and the domestic facility will use the imported pesticide to formulate registered pesticides.
TSG assists foreign companies importing pesticides into the United States by acting as a U.S. registration agent, assisting with EPA establishment numbers, and resolving various problems that arise during the import process.
Exporting PesticidesIn order to export pesticides, it is necessary to be aware of the requirements and regulations in the country of destination. While pesticides registered in the United States may be exported, most countries require registration to import or sell a product. If a pesticide is unregistered in the United States, the exporter must obtain a signed and dated foreign purchaser acknowledgement statement (FPAS) showing that the purchaser is aware that the pesticide is unregistered and cannot be sold in the United States. The FPAS can be submitted with every shipment, or before the first shipment in that year, and it must include various details regarding the exporter, importer and the product itself.
A pesticide is considered “unregistered” by FPAS requirements if it could not be sold for use in the United States in the form that it was produced in for export. However, exceptions to the FPAS requirement exist. A pesticide product is considered to be “registered” if each ingredient is within certified limits of a registered product, if the active ingredient concentration is reduced, if there are changes in color or fragrance, or if the pesticide is being exported for R&D that would not require an Experimental Use Permit (EUP) in the United States.
Correct labeling of a pesticide intended for export is necessary in order to guarantee that it will meet all requirements for exportation. The label on the retail package should comply with the registration in the country of destination; additional labels in English, the language of the destination country, and any other country known to be a transshipment point should be attached to the outer container.
TSG assists U.S. companies exporting pesticides abroad with foreign purchaser acknowledgement statements, interacting with EPA, and assisting with foreign regulatory compliance issues that arise during the export process.