Pesticide Export Labeling Direct Final Rule Withdrawn; New Rule Proposed
(July 2014)

Update – EPA has withdrawn the pesticide export labeling direct final rule after receiving two written adverse comments from industry stakeholders. The withdrawal is effective as of July 11, 2014. Additionally, EPA is seeking to amend the regulations for the labeling of pesticide products and devices intended solely for export through a proposed rule. This proposed rule clarifies that pesticides intended solely for export must meet the Agency’s labeling requirements by either attaching a label to the product container or providing collateral labeling that accompanies the shipping container at all times. Collateral labeling helps ensure the availability of required labeling information for pesticides while also allowing for consistency with the applicable requirements of the importing country.

EPA is seeking public comment on the proposed rule and issues raised by the adverse comments received from the previous final rule (additional information below). Comments are due by August 11, 2014.

More Information
Proposed rule details
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Previous Information

EPA is amending its regulations with regards to the labeling of pesticide products and devices intended solely for export. By issuing this rule, EPA will restore the provision that allows information required under the regulations to be placed on collateral labeling, such as bulletins, leaflets, circulars, brochures, data sheet and flyers, rather than on the immediate package of each individual product for shipment.

If EPA receives no written adverse comments on this final rule during the 30-day comment period, which closes on May 30, 2014, then the rule will become effective on July 29, 2014. If there is an adverse comment, EPA will withdraw the final rule before the effective date, which will be published in the Federal Register. If this is the case, EPA will publish a new proposed rule seeking public comment on the adverse comment(s) received.

On January 18, 2013, EPA revised its export labeling regulations in 40 CFR part 168 subpart D regarding the labeling of pesticide products and devices intended solely for export. In response, industry stakeholders expressed concern to EPA that certain provisions were deleted in the revision that restricted previously available labeling methods. Stakeholders said that this could cause trade barriers and increase costs. EPA agreed with stakeholders’ concerns and issued the direct final rule in response.

Detailed information on the final rule is available here.