§ 136o. — Imports and exports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136o]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 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.
(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.)
Amendments
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 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.
Section Referred to in Other Sections
This section is referred to in section 136a of this title.
