7 U.S.C. § 136o : US Code - Section 136O: Imports and exports

Search 7 U.S.C. § 136o : US Code - Section 136O: Imports and exports

(a) Pesticides and devices intended for export
Notwithstanding any other provision of this subchapter, no
pesticide or device or active ingredient used in producing a
pesticide intended solely for export to any foreign country shall
be deemed in violation of this subchapter - 
(1) when prepared or packed according to the specifications or
directions of the foreign purchaser, except that producers of
such pesticides and devices and active ingredients used in
producing pesticides shall be subject to sections 136(p),
(q)(1)(A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i)
and (iii), and (D), 136e, and 136f of this title; and
(2) in the case of any pesticide other than a pesticide
registered under section 136a or sold under section 136d(a)(1) of
this title, if, prior to export, the foreign purchaser has signed
a statement acknowledging that the purchaser understands that
such pesticide is not registered for use in the United States and
cannot be sold in the United States under this subchapter.
A copy of that statement shall be transmitted to an appropriate
official of the government of the importing country.
(b) Cancellation notices furnished to foreign governments
Whenever a registration, or a cancellation or suspension of the
registration of a pesticide becomes effective, or ceases to be
effective, the Administrator shall transmit through the State
Department notification thereof to the governments of other
countries and to appropriate international agencies. Such
notification shall, upon request, include all information related
to the cancellation or suspension of the registration of the
pesticide and information concerning other pesticides that are
registered under section 136a of this title and that could be used
in lieu of such pesticide.
(c) Importation of pesticides and devices
The Secretary of the Treasury shall notify the Administrator of
the arrival of pesticides and devices and shall deliver to the
Administrator, upon the Administrator's request, samples of
pesticides or devices which are being imported into the United
States, giving notice to the owner or consignee, who may appear
before the Administrator and have the right to introduce testimony.
If it appears from the examination of a sample that it is
adulterated, or misbranded or otherwise violated the provisions set
forth in this subchapter, or is otherwise injurious to health or
the environment, the pesticide or device may be refused admission,
and the Secretary of the Treasury shall refuse delivery to the
consignee and shall cause the destruction of any pesticide or
device refused delivery which shall not be exported by the
consignee within 90 days from the date of notice of such refusal
under such regulations as the Secretary of the Treasury may
prescribe. The Secretary of the Treasury may deliver to the
consignee such pesticide or device pending examination and decision
in the matter on execution of bond for the amount of the full
invoice value of such pesticide or device, together with the duty
thereon, and on refusal to return such pesticide or device for any
cause to the custody of the Secretary of the Treasury, when
demanded, for the purpose of excluding them from the country, or
for any other purpose, said consignee shall forfeit the full amount
of said bond. All charges for storage, cartage, and labor on
pesticides or devices which are refused admission or delivery shall
be paid by the owner or consignee, and in default of such payment
shall constitute a lien against any future importation made by such
owner or consignee.
(d) Cooperation in international efforts
The Administrator shall, in cooperation with the Department of
State and any other appropriate Federal agency, participate and
cooperate in any international efforts to develop improved
pesticide research and regulations.
(e) Regulations
The Secretary of the Treasury, in consultation with the
Administrator, shall prescribe regulations for the enforcement of
subsection (c) of this section.