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Industry Urges EPA to Resume Clearance Activity, Allow Pesticide Imports to Enter

A group of trade associations on Oct. 10 urged the Environmental Protection Agency to resume review of documents that accompany pesticide shipments, in a letter to EPA Administrator Gina McCarthy dated Oct. 10. Pesticide shipments are currently unable to clear U.S. customs, because the EPA regional staff that normally reviews notices of action have been furloughed during the federal government shutdown (see 13100229 and 13101002). The letter from 17 trade associations, including the American Association of Exporters and Importers, the American Association of Port Authorities, CropLife America and the National Association of Manufacturers, said the EPA employees responsible for review of notices of action should be deemed essential and resume work during the shutdown.

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“We urgently request that processing of NOAs resume immediately,” the letter said. Although CBP operations have been deemed essential and continue during the shutdown, CBP staff can’t perform their essential duties because EPA isn’t reviewing notices of action, it said. That’s affecting admissibility of imports of products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) like pest management products, public health antimicrobials, crop protection products, and industrial antimicrobials, said the letter. “The current interpretation of EPA’s responsibilities and permitted activities during the ongoing government shutdown is having a serious detrimental effect on international commerce and US production of FIFRA-registered products, which grows exponentially with each passing day of the shutdown.”

Problems with pesticide imports caused by EPA furloughs could have a “ripple effect” on U.S. agriculture, the letter warned. Manufacturers will have to shut down pesticide formulation facilities when active ingredients they use run out and can’t be imported, it said. And corn seed treatment currently in progress could shutdown in as little as two weeks because of shortages of approved seed treatment products, the letter said.

The National Customs Brokers and Forwarders Association of America applauded the letter to EPA, in an update to its members (here). “NCBFAA supports these efforts and will continue working to alleviate the impact of the government shutdown,” it said. According to NCBFAA, the shutdown’s impact on trade is becoming “painfully evident.” In addition to the pesticide problem, exporters are unable to get authorization to export controlled high-tech goods, and lumber exports remain in warehousing waiting for APHIS clearance, it said.