US EPA Finalizes Revisions to Export Labeling Regulations

U.S. EPA is finalizing its regulations on pesticide export labeling. Today’s rule corrects the inadvertent removal of a provision that occurred in the January 2013 revisions to these regulations. EPA is restoring the provision that allows information required under the regulations to be placed on collateral labeling (such as bulletins, leaflets, circulars, brochures, data sheets, or flyers) attached to a shipping container of pesticide products rather than on the immediate package of each individual product in the shipment.  
 

Producers of pesticide products and devices intended solely for export will meet EPA’s labeling requirements by attaching a label to the immediate product container or by providing collateral labeling that is either attached to the immediate product being exported or that accompanies the shipping container of the product being exported at all times when it is shipped or held for shipment in the United States. Collateral labeling will ensure the availability of the required labeling information, while allowing pesticide products and devices that are intended solely for export to be labeled for use in and consistent with the applicable requirements of the importing country.
 

On January 18, 2013, EPA revised its export label regulations (40 CFR part 168 subpart D) concerning the labeling of pesticide products and devices intended solely for export.  The revisions were effective on March 19, 2013, with a compliance date of January 21, 2014. Industry stakeholders subsequently expressed concern to EPA that certain provisions no longer appeared in this subpart, and the inability of registrants to use the labeling method allowed in the previous regulations could create trade barriers and increase costs.  EPA agreed and on April 30, 2014 issued a direct final rule to replace the provision that was inadvertently removed. Since EPA received written adverse comment on the direct final rule, EPA withdrew that direct final rule, and issued a new proposed rule to seek public comment on the changes. EPA is now finalizing the revisions to its export labeling regulations to replace the provision that was inadvertently removed.