[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR168.85]

[Page 204-205]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 168--STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS--Table of Contents
 
   Subpart D--Export Policy and Procedures for Exporting Unregistered 
                               Pesticides
 
Sec. 168.85  Other export requirements.

    This section describes other requirements found in regulations that 
apply to exporters of pesticides, devices, and active ingredients used 
in producing a pesticide.
    (a) Recordkeeping and inspection. Exporters of pesticides, devices 
and active ingredients must keep records and permit inspections of those 
records in accordance with part 169 of this chapter. Exporters must keep 
records of the product labeling used, including the EPA registered 
labeling, any foreign labeling on or attached to the product when 
shipped, and, as applicable, any supplemental labeling used. Producers 
of pesticides for export shall maintain these records in a manner that 
shows exactly which labels and labeling accompanied each shipment of a 
pesticide product to a foreign country. As stated at Sec. 168.75(c), 
when research product identity information appears on the labeling in an 
encoded manner, information translating the code shall be maintained in 
records. These records shall be maintained for the time period required 
by Sec. 169.2(h) of this chapter following the last export of such 
pesticides. All records required by part 169 of this chapter shall be 
made available for inspection and copying by EPA or its duly authorized 
representatives.
    (b) Pesticide production establishment requirements. Exporters of 
pesticides, devices, and active ingredients must submit annual reports 
to EPA in accordance with part 167 of this chapter, concerning those 
products that are exported. All products required to be labeled ``Not 
Registered for Use in the

[[Page 205]]

United States of America'' must be reported as unregistered production 
regardless of whether a purchaser acknowledgement statement is required.