EPA regulates pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). FIFRA section 17 Exit governs the import of pesticides and devices into, and the export of pesticides and devices from, the United States. 

• Exportation of Pesticides and Devices

  All registered pesticides which are exported to other countries must bear the product label approved by EPA.

  Pesticides intended solely for export are not required to be registered provided that the exporter:

  • Obtains and submits to EPA, prior to export, a Foreign Purchaser Acknowledgement Statement (FPAS) that the purchaser is aware that the product is not registered in the United States and cannot be sold for use there. EPA sends these statements to the government of the importing country.
    • FPAS should be submitted to: Yvette Hopkins, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW (7506P), Washington, DC 20460.
  • Must be labeled "Not Registered for Use in the United States"
  • Meet certain minimal labeling requirements, and must have certain labeling language in English and in the language(s) of the imported country(ies)
  • Comply with FIFRA establishment registration and production reporting requirements

  Some unregistered pesticides that are exported have been banned or severely restricted in the United States. Many of these pesticides are also banned or severely restricted through the Rotterdam Convention on the Prior Informed Consent (PIC) Exit Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The United States is a signatory, but not a Party, to the Rotterdam Convention.

• Importation of Pesticides and Devices
  • All pesticides and devices imported into the United States must:
    • Comply with U.S. pesticide law
    • Be registered with EPA, except where exempted by regulation or statute (e.g. minimum risk pesticides) and as follows:
      • Unregistered pesticides may be imported under certain conditions if intended for export (PR Notice 99-1)
      • Emergency exemptions
    • Not be adulterated or otherwise violative
    • Properly labeled (in accordance with U.S. domestically produced pesticide labeling requirements)
    • Produced in an EPA-registered establishment that files annual reports with the Agency
       
  • As of September 30, 2016 (see Federal Register: Notice of Arrival for Importations of Pesticides and Pesticidal Devices), the importer must choose one of the following options:
    • Submit the Notice of Arrival of Pesticides and Devices (NOA) information electronically through the Automated Commercial Environment (ACE) with the entry documentation

    • Notify EPA of the arrival of imported pesticides and devices through the paper NOA form (EPA Form 3540-1) prior to importation. Submit the paper form to the EPA regional office (attention of the Pesticide Import Coordinator) applicable to the intended port of entry

  Note: U.S. Customs and Border Protection (CBP) regulations prohibit the importation of pesticides without a completed Notice of Arrival (NOA). The NOA indicates the identity and amount of the product, the arrival date, and where the product can be inspected. For paper submissions, the EPA-reviewed and signed paper form is returned to the importer for presentation to CBP's district director at the port of entry. For electronic filings via ACE, most of the filings are automatically processed, and an early indication is provided to the filer if the initial reporting requirements have been met and if the shipment can be released upon arrival at the port of entry. For electronic filings that do not meet the reporting requirements, automatic checks will be performed to notify the filer of errors. For electronic filings that require non-automated checks, EPA staff can review and provide feedback notifications through ACE to the filer on what information is needed that has not been provided. After arrival, EPA may inspect the shipment for compliance with U.S. pesticide laws.

• 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.

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EPA has further information on international pesticide activities.

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