The U.S. Environmental Protection Agency (EPA) issued a compliance advisory in February 2023 about importing pesticide devices into the U.S., which are subject to statutory and regulatory requirements. The producing, distributing, or selling of pesticide devices has increased, and the EPA has noticed significant non-compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). “Examples of non-compliance include unregistered pesticides claiming to be devices, devices bearing false and misleading statements, and devices being sold and distributed that were not produced in an EPA registered establishment.”
Importers failing to comply with requirements could receive a Customs and Border Protection (CBP) hold or denial at a port of entry, the issuance of a Stop Sale, Use, or Removal Order (SSURO), seizure, and/or the assessment of civil and/or criminal penalties.
Please see the compliance advisory to understand:
- If your product is a device or a pesticide,
- What the FIFRA requirements applicable to devices are,
- Regulations for importing,
- State regulation of devices, and
- Distribution or sale of a misbranded device.
The Advisory also provides additional information and EPA interpretations impacting devices. Since the EPA continues to focus on this area, companies should monitor EPA developments and take steps to reduce the risk of a potential enforcement action.
