
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
