---
kind: "section"
citation: "7 U.S.C. § 136o"
title: "7"
title_heading: "Agriculture"
number: "136o"
heading: "Imports and exports"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/136o"
units:
  - "Chapter 6 — Insecticides and Environmental Pesticide Control"
  - "Subchapter II — Environmental Pesticide Control"
---

# §136o. Imports and exports

- (a) **Pesticides and devices intended for export—** Notwithstanding any other provision of this subchapter, no [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) or [active ingredient](/usc/7/136.md?p=a) used in producing a [pesticide](/usc/7/136.md?p=u) 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](/usc/7/136.md?p=w) of such [pesticides](/usc/7/136.md?p=u) and [devices](/usc/7/136.md?p=h) and [active ingredients](/usc/7/136.md?p=a) used in producing [pesticides](/usc/7/136.md?p=u) shall be subject to sections [136(p)](/usc/7/136.md?p=p), [136(q)(1)(A)](/usc/7/136.md?p=q-1-A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e, and [136f](/usc/7/136f.md) of this title; and
  - (2) in the case of any [pesticide](/usc/7/136.md?p=u) other than a [pesticide](/usc/7/136.md?p=u) registered under [section 136a](/usc/7/136a.md) or sold under [section 136d(a)(1) of this title](/usc/7/136d.md?p=a-1), if, prior to export, the foreign purchaser has signed a statement acknowledging that the purchaser understands that such [pesticide](/usc/7/136.md?p=u) 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](/usc/7/136.md?p=z), or a cancellation or suspension of the [registration](/usc/7/136.md?p=z) of a [pesticide](/usc/7/136.md?p=u) becomes effective, or ceases to be effective, the [Administrator](/usc/7/136.md?p=b) 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](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u) and information concerning other [pesticides](/usc/7/136.md?p=u) that are registered under [section 136a of this title](/usc/7/136a.md) and that could be used in lieu of such [pesticide](/usc/7/136.md?p=u).
- (c) **Importation of pesticides and devices—**
  - (1) **In general—** The [Secretary](/usc/7/499a.md?p=b-2) of the Treasury shall notify the [Administrator](/usc/7/136.md?p=b) of the arrival of [pesticides](/usc/7/136.md?p=u) and [devices](/usc/7/136.md?p=h) and shall deliver to the [Administrator](/usc/7/136.md?p=b), upon the [Administrator](/usc/7/136.md?p=b)’s request, samples of [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) which are being imported into the United States, giving notice to the owner or consignee, who may appear before the [Administrator](/usc/7/136.md?p=b) and have the right to introduce testimony. If it appears from the examination of a sample that it is [adulterated](/usc/7/136.md?p=c), or misbranded or otherwise violates the provisions set forth in this subchapter, or is otherwise injurious to health or the [environment](/usc/7/136.md?p=j), the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) may be refused admission, and the [Secretary](/usc/7/499a.md?p=b-2) of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) 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](/usc/7/499a.md?p=b-2) of the Treasury may prescribe. The [Secretary](/usc/7/499a.md?p=b-2) of the Treasury may deliver to the consignee such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h), together with the duty thereon, and on refusal to return such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) for any cause to the custody of the [Secretary](/usc/7/499a.md?p=b-2) 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](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) 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.
  - (2) **Importation of seed—** Notwithstanding any other provision of law, no [person](/usc/7/136.md?p=s) is required to notify the [Administrator](/usc/7/136.md?p=b) of the arrival of a plant-incorporated protectant (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) that is contained in a seed, if—
    - (A) that plant-incorporated protectant is registered under [section 136a of this title](/usc/7/136a.md);
    - (B) the [Administrator](/usc/7/136.md?p=b) has issued an experimental use permit for that plant-incorporated protectant under [section 136c of this title](/usc/7/136c.md); or
    - (C) the seed is covered by a permit (as defined in part 340 of title 7, Code of Federal Regulations (or any successor regulation)) or a notification.
  - (3) **Cooperation—**
    - (A) **In general—** In response to a request from the [Administrator](/usc/7/136.md?p=b), the [Secretary](/usc/7/499a.md?p=b-2) of Agriculture shall provide to the [Administrator](/usc/7/136.md?p=b) a list of seed containing plant-incorporated protectants (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) if the importation of that seed into the United States has been approved under a permit or notification referred to in [paragraph (2)](#c-2).
    - (B) **Contents—** The list under [subparagraph (A)](#c-3-A) shall be provided in a form and at such intervals as may be agreed to by the [Secretary](/usc/7/499a.md?p=b-2) and the [Administrator](/usc/7/136.md?p=b).
  - (4) **Applicability—** Nothing in this subsection precludes or limits the authority of the [Secretary](/usc/7/499a.md?p=b-2) of Agriculture with respect to the importation or movement of plants, plant products, or seeds under—
    - (A) the Plant Protection Act ([7 U.S.C. 7701](/usc/7/7701.md) et seq.); and
    - (B) the Federal Seed Act ([7 U.S.C. 1551](/usc/7/1551.md) et seq.).
- (d) **Cooperation in international efforts—**
  - (1) **In general—** The [Administrator](/usc/7/136.md?p=b) 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](/usc/7/136.md?p=u) research and regulations.
  - (2) **Department of State expenses—** Any expenses incurred by an employee of the Environmental Protection Agency who participates in any international technical, economic, or policy review board, committee, or other official body that is meeting in relation to an international treaty shall be paid by the Department of State.
- (e) **Regulations—** The [Secretary](/usc/7/499a.md?p=b-2) of the Treasury, in consultation with the [Administrator](/usc/7/136.md?p=b), shall prescribe regulations for the enforcement of [subsection (c)](#c) of this section.

## Source credit

(June 25, 1947, ch. 125, § 17, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 95–396, § 18(a), Sept. 30, 1978, 92 Stat. 833; Pub. L. 100–532, title VIII, § 801(j), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102–237, title X, § 1006(a)(9), (b)(2), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 110–234, title XIV, § 14209(a), May 22, 2008, 122 Stat. 1463; Pub. L. 110–246, § 4(a), title XIV, § 14209(a), June 18, 2008, 122 Stat. 1664, 2225; Pub. L. 113–79, title X, § 10008, Feb. 7, 2014, 128 Stat. 948.)

## Notes

### Editorial Notes

### References in Text

The Plant Protection Act, referred to in subsec. (c)(4)(A), is title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, which is classified principally to chapter 104 (§ 7701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.

The Federal Seed Act, referred to in subsec. (c)(4)(B), is act Aug. 9, 1939, ch. 615, 53 Stat. 1275, which is classified generally to chapter 37 (§ 1551 et seq.) of this title. For complete classification of this Act to the Code, see section 1551 of this title and Tables.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2014—Subsec. (c). Pub. L. 113–79 designated existing provisions as par. (1), inserted heading, and added pars. (2) to (4).

2008—Subsec. (d). Pub. L. 110–246, § 14209(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

1991—Subsec. (a). Pub. L. 102–237, § 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, § 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, § 18(a)(1), amended subsec. (a) generally.

Subsec. (b). Pub. L. 95–396, § 18(a)(2), inserted sentence at end relating to information to be included in notification.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

### 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

Pub. L. 95–396, § 18(b), Sept. 30, 1978, 92 Stat. 833, 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.