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EPA Withdraws Rule on Pesticide Export Labeling, Issues Proposed Rule Instead

The Environmental Protection Agency is withdrawing a final rule issued in April that allowed exporters of pesticides to put required information on “collateral labeling” attached to the shipping container instead of directly on the packaging of each individual product (see 14042819). EPA says it got comments in opposition to the new regulations, which would have taken effect July 29. The agency is now issuing a proposed rule (here) containing the same provisions, with comments due Aug. 11.

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EPA says the withdrawn (and now proposed) provisions correct an error made in an earlier change to its regulations that inadvertently required direct labeling on each product by removing a provision allowing for “supplemental labeling.” The adverse comments said the change would only help large producers, and that labeling is critical to the safe use of pesticides, respectively. According to EPA, the commenters misinterpreted the intent of its final rule: allowing “collateral labeling” on the shipping container wouldn’t remove or eliminate labeling requirements, but would instead simply let exporters label individual cartons of pesticides in accordance with the labeling rules of the importer while still meeting EPA requirements by labeling the container.

(Federal Register 07/11/14)