Subject: PANUPS: New Export Policy

From: Pesticide Action Network North America Reg Ctr <[email-masked]>
Date: Mon, 22 Feb 93 18:11:23 PST

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PESTICIDE ACTION NETWORK NORTH AMERICA UPDATES SERVICE
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EPA STRENGTHENS U.S. PESTICIDE EXPORT NOTIFICATION AND 
LABELING REQUIREMENTS

February 22, 1993

	On February 18, the U.S. Environmental Protection Agency 
(EPA) published in the Federal Register a new Export Policy that 
strengthens notification and labeling requirements for U.S. pesticide 
exports, and applies notification requirements to more pesticides.  The 
new policy also expands the number of regulatory actions that trigger 
notification of foreign governments; requires additional information 
on product identity and final country destination; and calls for 
multilingual product warning labels.  It is slated to take effect April 19, 
except for the export notification requirements, which become effective 
June 1, 1993.  
	These changes suggest that EPA officials have been influenced by 
years of harsh criticism of inadequate export controls, and strong public 
support for "Circle of Poison" legislation to ban the exports of 
unregistered pesticides.  The Export Policy is intended to create a 
framework for activities mandated by Section 17 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and updates 
policies published in 1975 and 1980.  
	Under current policies, exporters are required to notify foreign 
purchasers prior to shipping unregistered pesticides, and obtain a 
"Foreign Purchaser Acknowledgement Statement," which the exporter 
is required to forward to EPA.  EPA then transmits the statement to the 
U.S. embassy in the importing country, which forwards it to a 
government contact.  EPA is also required to send notices of significant 
regulatory actions involving pesticides to foreign governments.  In 
practice, both of these procedures are often not followed.  
	The new policy includes the following provisions:

--Transmitting export notices directly to "Designated National 
Authorities" in importing countries, instead relying on U.S. embassies 
to forward them.
--Requiring exporters to submit to EPA signed purchaser 
acknowledgement statements for each shipment; or to supply these 
statements to EPA annually, provided that the exporters also submit 
annual summaries of all shipments.  
--Elimination of the exemption to the purchaser acknowledgement 
statement for unregistered pesticides "similar in composition and use" 
to registered pesticides. 
--Requiring international notification for a wider range of regulatory 
actions, including all actions taken on the basis of health or 
environmental concerns, for which notices will be "sent immediately 
after the decision," according to EPA.  
--Sending importing countries an annual summary of all U.S. pesticide 
regulatory actions.
--Requiring more information in purchaser acknowledgement 
statements, including clear identification of active ingredients and final 
destination countries.
--Clarification that unregistered products are exempt from notification 
requirements if they are shipped solely for research and development 
purposes and meet certain usage restrictions.
--Confirmation that labeling requirements apply to all pesticide exports, 
including unregistered and research and development products.
--Upgrading the current provision that certain label statements 
(including ingredients and warning statements) be bilingual, to require 
multilingual labeling for multi-destination shipments.  
--Determination that information on the destination country is not 
entitled to confidential treatment.

	EPA's policy exceeds the requirements of the Prior Informed 
Consent (PIC) procedures established by the U.N. Food and 
Agricultural Organization (FAO) and the U.N. Environment 
Programme (UNEP).  PIC provides a system for participating 
governments to identify banned and severely restricted pesticides and 
industrial chemicals that they choose not to import.  EPA's policy goes 
beyond PIC by requiring notification for many more pesticides, 
including never-registered pesticides.
	The new Export Policy significantly improves existing standards, 
particularly by requiring government notification for a broader range of 
regulatory actions, by requiring signed purchaser acknowledgement 
statements for more pesticide shipments, and by making more 
information on pesticide exports publicly available.  However, while 
these stricter labeling and notification standards are important, they 
only begin to address the widespread health and environmental 
damages caused by U.S. pesticide exports.
	EPA's announcement of the new policy refers to enhancing "the 
protection of public health and the environment from risks of... 
pesticides, both in the United States and throughout the world" as a 
major goal for its international pesticide activities.  Given this 
commitment, EPA should take a leadership role in discouraging 
exports of hazardous pesticides and promoting safe, sustainable pest 
management.  Two key policies advocated by PAN North America and 
Greenpeace, but not reflected in the new Export Policy, are a halt to 
exports of pesticides banned or unregistered in the U.S., and proactive 
measures to provide information on non-chemical alternatives to 
importing countries.  PAN North America and Greenpeace urge EPA 
to work with Congress and citizen groups to pass pesticide export 
control legislation this year.

What you can do:

Write to EPA Administrator Carol Browner (see EPA address below) to 
support the improved Export Policy provisions, while urging EPA to 
support a halt to exports of unregistered pesticides and promote 
alternatives to hazardous pesticide exports.

Urge your Congressional representatives to co-sponsor and support 
pesticide export control ("Circle of Poison") legislation this year (no bill 
number yet).

Sources:  "For Your Information:  Pesticide Export Policy," U.S. EPA, 
January 1993; Pesticide and Toxic Chemical News, February 17, 1993; 
Sandra Marquardt, Greenpeace.

To obtain a copy of the new Export Policy, contact Stephen Howie (mail 
code EN-342W), EPA, 401 M St. SW, Washington D.C. 20460; phone 
(703) 308-8290.

Contacts:  Sandra Marquardt, Greenpeace, 1436 U Street NW, 
Washington D.C. 20009; phone (202) 319-2472; fax (202) 462-4507; PAN 
North America Regional 
Center.==================================================
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