On April 30, 2014, the Environmental Protection Agency (EPA) issued a direct final rule that will be effective on July 28, 2014. This rule will allow labeling information required for pesticide products and devices intended only for export to be placed on collateral labeling attached to the shipping container of the products rather than on the immediate package of each individual product in the shipment. Collateral labeling includes written, printed or graphic matter that is referred to on the label or accompanies the product such as leaflets, bulletins, flyers or brochures.
This direct final rule is intended to address the concern of pesticide industry groups, which had said that a January 2013 final rule removing the term "supplemental labeling" from export-related labeling regulations barred exporters from using labeling attached to a product shipping container to comply with the regulations. The 2013 final rule had made minor changes to EPA regulations on pesticide products and devices that are exported, including the addition of a new requirement that unregistered pesticides being shipped between registered establishments operated by the same producer must be clearly marked as unregistered products intended for export. The EPA states that this new direct final rule will restore "inadvertently eliminated provisions" allowing export labeling to be placed on shipping containers.
If written adverse comments are received by May 29, 2014, the EPA will withdraw this direct final rule and issue a proposed rule to seek public comment on the issue(s) raised by the adverse comments. The EPA will then provide a 30-day period for public comment and will ultimately issue a new final rule.