U.S. Customs & Border Protection’s (CBP) Cargo Systems Messaging Service (CSMS) issued message #45979837 regarding the importation of disinfectants making claims to be effective against SARS-CoV-2, the coronavirus causing the disease COVID-19.
In the message, CBP states,
“it is unlawful to distribute or sell pesticides unless they have been properly tested and are registered by the Environmental Protection Agency (EPA). Unlike chemical pesticides, EPA does not register pesticidal devices, but they are regulated by the EPA and must comply with applicable regulations. It is unlawful to distribute or sell any pesticide or device which is misbranded, including any false or misleading claims made on the labeling.”
If the product can be utilized to disinfect surfaces, the Environmental Protection Agency (EPA) considers it a pesticide. Pesticides require EPA Notice of Arrival (NOA) prior to entry. In order to complete an NOA entry, the following requirements must be met:
- EPA Registration of the pesticide product
- EPA 3540-1 form
- PDF copies of labels
- Statement of intended use
- Chemical Abstract Service (CAS) or Pesticides Control Number
- Carrier’s name, address, and contact information
- Complete entry documentation including the PAPS # and port of entry in advance of crossing (EPA strongly recommends five (5) days notice)
- Toxic Substance Control Act (TSCA) certification form is required
It is important to know that the importation of this common household item is highly regulated, regardless if it is for sale or intercompany use. If your company plans to ship these products, please contact the U.S. Regulatory Team in advance of booking your carrier. We can be reached at transitionus@willsonintl.com.