EPA Proposes to Clarify & Amend Labeling Regs for Unregistered Pesticides for Export
The Environmental Protection Agency has issued a proposed rule to clarify, restructure, and add more specificity to its labeling regulations for the export of unregistered pesticide products and devices. EPA states that its regulations under 40 CFR 168.65, which date to 1993, are not as clear as it intended and that the resulting ambiguity might have led to uncertainty in compliance. According to EPA, the proposed rule would not change the substance of the current requirements.
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Comments are due by June 6, 2011.
Unregistered Products/Devices Transferred in U.S. before Export Must be Labeled
The proposed rule’s most significant change would amend the regulations to explicitly state that unregistered pesticide products and devices for export which are transferred, distributed, or sold between registered establishments operated by the same producer within the U.S. before the products are exported also need to meet the labeling requirements of current 40 CFR 168.65.
EPA had intended that its 1993 labeling requirements be followed for each unregistered export pesticide product/device as it makes its way towards the importing country, even when they are being shipped between registered establishments operated by the same producer. However, the regulations promulgated in 1993 did not explicitly state this.
Under the proposed rule, such products/devices would have to bear a label or be accompanied by supplemental labeling with the name and address of the producer; net weight or measure of contents; pesticide producing establishment number; ingredient statement; a statement such as “Not Registered for Use in the United States of America;” etc.
Could Add Reason Why Product Is Not Registered in U.S. to Label
EPA is also proposing to allow an amplification of the above statement “Not Registered for Use in the United States of America" so it could describe the reason(s) why the export pesticide product/device is not registered in the U.S., or is not registered for particular uses.
Proposes Definitions and Separate Sections for Products & Devices
EPA also proposes to define “export pesticide product” and “export pesticide device”1 and then present separate descriptions of their requirements. This way, the producer and/or exporter could more easily clarify and distinguish between the labeling requirements for these items. To carry out this change, EPA’s proposed rule would completely reorder and renumber the current labeling requirements.
Would Apply to Products/Devices Manufactured 1 Year After Final Rule Published
EPA is proposing an effective date of one year after the date of publication of the final rule. Once final, the proposed labeling requirements would apply to all pesticide products and devices intended for export that are produced after the effective date of the rule.
1Export pesticide device would mean a device, as defined in Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) sec. 2(h), that is intended solely for export from the United States to another country. Export pesticide product would means a pesticide product, as defined in 40 CFR 152.3, that is intended solely for export from the United States to another country.
(See ITT’s Online Archives or 12/01/10 news, 10120137, for BP summary of EPA issuing a draft of this proposed rule.)
EPA contact -- Vera Au (703) 308--9069
(FR Pub 04/06/11, D/N EPA--HQ--OPP--2009--0607)