PESTICIDES, TOXIC, AND HAZARDOUS SUBSTANCES

24. Pesticides. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended, 1988, provides the statutory authority governing the importation of pesticides and devices into the United States. Promulgated under section 17(c) of this authority, the U.S. Customs Service regulations at 19 CFR Parts 12.112-.117 describe the procedure governing the importation of pesticides and devices. Among the requirements described in these regulations, importers must submit a Notice of Arrival that has been submitted for review and approved by the EPA prior to the importation. Pesticides must be registered in accordance with FIFRA section 3 or they will be refused entry into the United States. Devices are not subject to product registration, but the labeling of both pesticides and devices must bear the producer establisment number registered with the EPA. In addition, pesticides and devices will be refused entry if they are identified as adulterated or misbranded; if they in any other way violate the provisions of FIFRA, or if they are otherwise injurious to an individuals health or the environment.

25. Toxic Substances. The Toxic Substances Control Act, (TSCA), effective January 1, 1977, regulates the manufacturing, importation, processing, distribution in commerce, use or disposal of any chemical substances or mixtures that are broadly defined in section 3 of TSCA. Section 3 specifies that certain substances are excluded from the definition of “chemical substance” based upon their use. These substances include, but are not limited to, foods, drugs, cosmetics, and active ingredients in pesticides. Importations will not be released from Customs custody unless proper certification that the import “complies with” or “is not subject to” the requirements of the Toxic Substances Control Act and is presented to Customs, or if it is already identified as a food, drug, or active pesticide ingredient. To obtain further information concering this matter, contact the Environmental Protection Agency’s TSCA Assistance Information Service at (202) 554-1404.

26. Hazardous Substances. The importation into the United States of dangerous caustic or corrosive substances in packages suitable for household use and of hazardous substances is regulated by the Hazardous Substance Act; the Caustic Poison Act; the Food, Drug and Cosmetics Act; and the Consumer Product Safety Act. The marketing, labeling, packaging, and transportation of hazardous materials, substances, wastes and their containers is regulated by the Office of Harzardous Materials Transportation of the Department of Transportation, Washington, D.C. 20590. Hazardous waste is a special sub-category of hazardous substances and is regulated by the Resource Recovery and Conservation Act (RCRA), which requires a special EPA manifest for both imports and exports.