• Importing and exporting pesticides
• Exporting unregistered pesticides: foreign purchaser acknowledgement statements
• Reporting foreign purchaser acknowledgement statements and annual summaries
• Required contents of the foreign purchaser acknowledgement statements
• EPA mailing address for FPAS and FPAS annual summaries
• Labeling of unregistered pesticides destined for export
• FIFRA import/export policies
• More information

Importing and Exporting Pesticides

Learn about requirements for importing and exporting pesticides.

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Exporting Unregistered Pesticides: Foreign Purchaser Acknowledgement Statements

Pesticides intended solely for export from the United States to a foreign country are not required to be registered in the U.S., but there are specific requirements under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that exporters must be aware of and comply with.

Specifically, the exporter must comply with FIFRA section 17(a) and related regulations at 40 CFR 168.70, 168.75, and 168.85, which includes, among other things, the submission of a foreign purchaser acknowledgement statement (FPAS) to EPA. The Agency will then use this information to notify the Designated National Authority of the importing country.

The information below is intended to help potential exporters of unregistered pesticides understand all of these U.S. requirements and does not supersede or replace any of the actual requirements in FIFRA (168 pp, About PDF) or at 168.70, 168.75, and 168.85.

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Reporting Foreign Purchaser Acknowledgement Statements and Annual Summaries

Exporters have two options for complying with FIFRA section 17(a) and 40 CFR 168.75 through submission of FPAS to EPA: per-shipment reporting and annual reporting.

Option 1: Per-Shipment Reporting To comply with requirements for per-shipment reporting, the exporter must provide EPA with the signed purchaser acknowledgement statement and the accompanying certification for each export within seven working days of the exporter’s receipt of the signed statement or by the date of export (whichever occurs first). The exporter must continue to submit this documentation prior to each shipment.

Option 2: Annual Reporting The exporter must submit a signed per-shipment purchaser acknowledgement statement for the first shipment each calendar year of an unregistered pesticide product to a particular purchaser and an annual summary of shipments to that purchaser (as described in option 1 above). This FPAS should indicate that the exporter is choosing to provide an annual summary and certifying that the shipment in the FPAS was the first of the calendar year.

When using the annual reporting option, the exporter is required to submit an annual report for each unregistered pesticide exported within the preceding calendar year. The exporter must submit the annual summary no later than March 1 of the following calendar year.

The annual summary report must be in writing, signed by the exporter, and include the following information:

• The dates of each shipment of the pesticide exported to the foreign purchaser during that calendar year; and
• If known, or reasonably ascertainable, the country or countries of final destination of the export shipments.

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Required Contents of Foreign Purchaser Acknowledgement Statements

When exporting pesticides that are not registered in the U.S., manufacturers must submit a FPAS to EPA either per shipment or on an annual basis. EPA will then use this information to notify the Designated National Authority of the importing country. The FPAS must include the following items:

• The name, address, and EPA identification number (i.e., EPA company number or establishment number), if applicable, of the exporter.
• The name and address of the foreign purchaser.
• The identity of the product and the active ingredient(s), including:
  • the Chemical Abstract Services Registry (CAS) number for each active ingredient;
  • the chemical nomenclature for each active ingredient as used by the International Union of Pure and Applied Chemists (IUPAC); and
  • other chemical or common names that could help EPA better identify the product (i.e., EPA’s chemical PC code).
• If known or reasonably ascertainable, the country or countries of the final destination of the export shipment (i.e., where the exported pesticide is intended to be used), if different from the country of the foreign purchaser’s address.
• Signed and dated statement from the foreign purchaser acknowledging that the product is not registered for use in the United States and cannot be sold in the United States.
• The exporter must submit a signed certification affirming that the export did not occur until the statement signed by the foreign purchaser was obtained by the exporter.
• Any foreign purchaser signing a statement in their own language must have the appropriate English translation accompanying it when submitted to the EPA.

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EPA Mailing Address for FPAS and FPAS Annual Summaries

Due to the ongoing and evolving COVID-19 situation, OPP is temporarily accepting unofficial FPAS and FPAS annual summaries to be submitted electronically to OPP_International_Team@epa.gov. This exception is being made for those who do not currently have access to mailing resources. Those choosing to submit unofficial FPAS notifications via email are expected to resubmit those submissions as official hard copies when practicable. Note that EPA does not consider email to be a secure method for transmitting confidential business information and EPA is not requiring companies to submit unofficial email FPAS notifications.

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Labeling of Unregistered Pesticides Destined for Export

Every pesticide, device and active ingredient used in producing a pesticide is required to display a label or labeling that meets the requirements of FIFRA section 17(a)(1). Unless otherwise covered by an exemption from regulation under FIFRA, the labeling requirements apply to both registered and unregistered pesticides.

Learn more about pesticide labeling requirements.

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FIFRA Import/Export Policies

• FIFRA Pesticide Export Policy: Interpretive Guidance: Multilingual Labeling
• FIFRA Pesticide Export Policy: Questions and Answers
• Pesticide Registration Notice 99-1: Import of Unregistered Pesticides Intended for Export

EPA regulates pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). FIFRA Section 17 Exitspecifically regulates both the import and export of pesticide products and devices. 7 U.S.C. § 136o.

Regional Contacts for Questions Concerning Notices of Arrival (EPA Form 3540-1)

• Exportation of Pesticides and Devices
  • Registered pesticides that are exported must bear labeling (or collateral labeling per 40 C.F.R. § 168.69) that is approved by EPA as part of its registration. For the requirements related specifically to the export of registered pesticides, see 40 C.F.R. § 168.69.
  • Unregistered pesticides. Pesticides intended solely for export are not required to be registered in the U.S. as long as the exporter complies with the labeling and other applicable requirements in 40 C.F.R. § 168.70 and 168.75, which in most cases will include the submission of a foreign purchaser acknowledgement statement (FPAS) to EPA. Additional information on how to file an FPAS can be found on the EPA pesticides website at https://wcms.epa.gov/pesticides/importing-and-exporting-pesticides#import
  • Pesticide devices that are exported must bear labeling (or collateral labeling per 40 C.F.R. § 168.69) compliant with 40 C.F.R. § 168.71.
  • Note that all exporters of pesticides, devices and active ingredients must also:
    • Keep records and permit inspections of those records in accordance with 40 C.F.R. part 169; and
    • Submit annual reports to EPA in accordance with 40 C.F.R. part 167.
• Importation of Pesticides and Devices
  • Importers of all FIFRA-regulated pesticides and devices (including unregistered pesticides) must comply with the U.S. Customs and Border Protection (CBP) regulations set forth at 12 C.F.R. §§ 12.110 - 12.117.
    • Unregistered pesticides may be imported only if the import meets the conditions of one of the specific exceptions in 40 C.F.R. § 152.30.
    • Note: Persons who are importing unregistered pesticides for the sole purpose of exporting them must comply with Pesticide Registration Notice 99-1.
  • No imported pesticide or device may be adulterated, misbranded, or otherwise violative of FIFRA.
  • All imported pesticides and devices, including unregistered pesticides, must have been produced in an EPA-registered establishment (even when the production establishment is outside the United States) and labeled accordingly with that establishment number. The producer is responsible for submitting annual production reports to EPA. 40 C.F.R. § 167.20(a)(3).
  • Notice of Arrival of Pesticides and Devices (NOA). The CBP regulations implementing Section 17(c)(1) of FIFRA prohibit the importation of pesticides without a completed EPA Notice of Arrival of Pesticides and Devices (EPA NOA). As of September 30, 2016 (see Federal Register: Notice of Arrival for Importations of Pesticides and Pesticidal Devices), upon entry of a shipment of pesticides or pesticide devices into the United States, and concurrent with the filing of the entry documentation, CBP must be in receipt of the information required by the EPA NOA. The EPA NOA information may be submitted on paper using EPA Form 3540-1 or electronically via any CBP-authorized electronic data interchange system. Importers and their agents are encouraged to file their EPA NOA information well in advance of their shipment’s arrival at the port of entry to allow time for EPA review, any requests for additional information, and any necessary corrections.
    • For EPA NOA information submitted in paper form, EPA Form 3540-1 must have been signed by the appropriate EPA regional office for the state/territory where the shipment is to arrive and indicate any action to be taken by CBP with respect to the shipment. See the EPA Tips for Trade, link provided below, for a more detailed description of the filing options and instructions.
    • Under the electronic alternative, importers can submit the data required by EPA Form 3540-1 through the Partner Government Agency (PGA) Message Set and upload an image of the on-product market label (final printed label) that is on the product being imported into ACE’s Document Image System (DIS). ACE will complete a series of automatic checks to determine if there are problems with the information submitted and will issue electronic notifications to the importer. A successful filing through the PGA Message Set will trigger a “may proceed” message to CBP via ACE. Filings that do not pass the initial checks will receive a “reject” or “hold intact” notification. EPA staff may review and provide feedback directly to the importer, and the importer may correct the filing.
    • For more detailed information on the EPA NOA filing options and procedures and tips for preventing common filing errors, importers and their brokers may refer to the EPA Tips for Trade in Filing EPA Notices of Arrival of Pesticides and Devices, which can be found on CBP’s website at https://www.cbp.gov/document/publications/ace-tips-filing-epa-pesticides
• Importing and Exporting Foods Containing Pesticide Residues

EPA sets limits on how much of a pesticide residue can remain on food and feed products, or commodities. These pesticide residue limits are known as tolerances. Tolerances are set to protect you from harmful levels of pesticides on your food.

Learn about how to find tolerance information.

EPA has further information on international pesticide activities.

Regional Contacts for Questions Concerning Notices of Arrival (EPA Form 3540-1)

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More Information

If additional assistance or clarification is needed, EPA recommends that exporters work with their legal counsel or contact a pesticide regulatory consultant.

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