Sec.
17. [136o] IMPORTS AND EXPORTS.
(a) Pesticides and Devices Intended for Export.--Notwithstanding
any other provision of this Act, 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 Act-- (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 2(p), 2(q)(1)(A),
(C), (D), (E), (G), and (H), 2(q)(2)(A), (B), (C)(i) and (iii),
and (D), 7, and 8 of this Act; and (2) in the case of any pesticide
other than a pesticide registered under section 3 or sold under
section 6(a)(1) of this Act, 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 Act. 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
3 of this Act 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 Act, 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. |
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