US import changes to pesticide regulations

The US Division of Environmental Quality has published the proposed Pesticide Management Regulations in the Commonwealth Registrar and the final date for comment submission is Fri, April 26, 2013.

“There are import changes to the pesticide regulations and we would like to receive feedback,” said Reina Camacho, manager for the pesticide and storage tank branch at DEQ.

According to Camacho the Notice of Intent, or NOI, to import and its processing fee is not required if the pesticide is from the U.S. or a U.S. territory. But the NOI is required if the pesticide is used to control pests on fruit and or vegetables or other agricultural products. The impacted industry is retailers, wholesalers, etc. The fee for this type of importation is $15 per product shipment.

NOIs are also required for pesticides used for crack, crevice and spot treatment, including termiticide and for pesticides used for fumigation, hospital grade disinfection and commercial purposes.   The definition of “commercial purposes” applies to pest control establishments or green house or golf course or hotel/resort facility and is applying pesticides (general use or restricted use) at the facility. These establishments will continue to submit a Notice of Intent to Import form to DEQ.   The fee for this type of importation is $15 per product shipment for general use pesticides and remains at $50 for restricted use pesticides.

“Importation of pesticide and pesticide devices are redefined and shall apply to any 1) any restricted use pesticide from any country into the CNMI; (2) any pesticide or pesticide device manufactured in or shipped by or through a foreign country,” added Camacho.

NOIs are not required for establishments that may import Calcium Hypochlorite, Trichloro-S-Trianzinetrione, Sodium Bromide, Sodium Hypochlorite and related items; household disinfectants and anti-bacterial chemicals (such as Clorox bleach or 409 or Pine Sol, etc) or household insect, mosquito, ant, roach chemicals or baits (such as Black Flag or Raid, etc. ).

According to Camacho, the proposed regulation further defines and expands the prohibited acts in accordance with federal law, Federal Insecticide Fungicide, Rodenticide Act. The proposed regulation will reduce the fee associated with obtaining pesticide applicator certification and clarifies the permit requirements and conditions relating to use of pesticides, including storage and transportation.

DEQ is available for one on one meetings with various groups to elaborate on how the proposed regulations may impact the regulated industry or establishment.

The regulations are available online.