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EPA Restores Labeling Flexibility for Pesticide Products for Export

Tuesday, April 29, 2014
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued a direct final rule that, effective July 28, will allow labeling information required for pesticide products and devices intended solely for export to be placed on collateral labeling attached to the shipping container of such products rather than on the immediate package of each individual product in such a shipment. Collateral labeling includes bulletins, leaflets, circulars, brochures, data sheets, flyers or other written, printed or graphic matter that are referred to on the label or are to accompany the product.

The EPA states that this rule will restore regulatory provisions that previously allowed exporters to use labeling attached to, or accompanying, the product shipping container of the export pesticide at all times when shipped or held for shipment in the United States. According to the EPA, stakeholders have said that the inability to use this labeling method, which they believe was precluded by a January 2013 final rule, could significantly increase their costs and create trade barriers.

If written adverse comments are received by May 29, the EPA will withdraw this direct final rule, issue a proposed rule to seek public comment on the issue(s) raised by the adverse comments received, provide a 30-day period for public comment, and then issue a new final rule.

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