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CITE

    7 USC Sec. 136o                                             01/05/2009

EXPCITE

    TITLE 7 - AGRICULTURE
    CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
    SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

HEAD

    Sec. 136o. Imports and exports

STATUTE

    (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
      (1) In general
        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.
      (2) Department of State expenses
        Any expenses incurred by an employee of the Environmental
      Protection Agency who participates in any international
      technical, economic, or policy review board, committee, or other
      official body that is meeting in relation to an international
      treaty shall be paid by the Department of State.
    (e) Regulations
      The Secretary of the Treasury, in consultation with the
    Administrator, shall prescribe regulations for the enforcement of
    subsection (c) of this section.

SOURCE

    (June 25, 1947, ch. 125, Sec. 17, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 95-396, Sec. 18(a),
    Sept. 30, 1978, 92 Stat. 833; Pub. L. 100-532, title VIII, Sec.
    801(j), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title X,
    Sec. 1006(a)(9), (b)(2), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 110-
    234, title XIV, Sec. 14209(a), May 22, 2008, 122 Stat. 1463; Pub.
    L. 110-246, Sec. 4(a), title XIV, Sec. 14209(a), June 18, 2008, 122
    Stat. 1664, 2225.)

CODIFICATION

      Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
    this section. The amendments by Pub. L. 110-234 were repealed by
    section 4(a) of Pub. L. 110-246.

AMENDMENTS

      2008 - Subsec. (d). Pub. L. 110-246, Sec. 14209(a), designated
    existing provisions as par. (1), inserted heading, and added par.
    (2).
      1991 - Subsec. (a). Pub. L. 102-237, Sec. 1006(a)(9), removed
    last sentence from par. (2) and placed it as a full measure
    sentence under par. (2).
      Subsec. (c). Pub. L. 102-237, Sec. 1006(b)(2), substituted "the
    Administrator's" for "his".
      1988 - Subsec. (c). Pub. L. 100-532 substituted "prescribe. The
    Secretary" for "prescribe: Provided, That the Secretary" and "bond.
    All" for "bond: And provided further, That all".
      1978 - Subsec. (a). Pub. L. 95-396, Sec. 18(a)(1), amended
    subsec. (a) generally.
      Subsec. (b). Pub. L. 95-396, Sec. 18(a)(2), inserted sentence at
    end relating to information to be included in notification.
                     EFFECTIVE DATE OF 2008 AMENDMENT
      Amendment of this section and repeal of Pub. L. 110-234 by Pub.
    L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
    110-234, see section 4 of Pub. L. 110-246, set out as an Effective
    Date note under section 8701 of this title.
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-532 effective on expiration of 60 days
    after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
    a note under section 136 of this title.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Section 18(b) of Pub. L. 95-396 provided that: "The amendment
    made by subsection (a)(1) of this section [amending this section]
    shall become effective one hundred and eighty days after the date
    of enactment of this Act [Sept. 30, 1978]."
                              EFFECTIVE DATE
      For effective date of section, see section 4 of Pub. L. 92-516,
    set out as a note under section 136 of this title.