[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR168.85]



[Page 202-203]

 

                   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



[[Page 203]]



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 United States of America'' must be reported as 

unregistered production regardless of whether a purchaser 

acknowledgement statement is required.