Pesticide Reporting in Canada and the United States

07 Feb 2023

Are You Fulfilling Your Requirements?

If your company owns an establishment that is registered with the United States Environmental Protection Agency (U.S. EPA), the establishment reporting deadline of March 1st is fast approaching. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a representative from every establishment must submit an annual report for the previous calendar year even if no pesticides or pesticide devices were produced by or distributed from that location.

In Canada, registrants of pesticides and pesticide devices must submit annual Sales Information Reporting (SIR) to the Pest Management Regulatory Agency (PMRA) by June 1st of each year for the previous calendar year. Canadian regulators use this information to understand pesticide use and trends in Canada and measure compliance with regards to the sourcing of active ingredients.

If you produce or sell pesticides or pesticide devices in Canada, the U.S., or both, staying on top of your reporting requirements is a necessary part of remaining compliant and maintaining your position in the marketplace.

Establishment Reporting

All locations where pesticides or pesticide devices are produced must be registered as establishments with the U.S. EPA. Under FIFRA, "production" includes manufacturing, labeling, relabeling, packaging, or repackaging pesticides or pesticide devices.

How do I report?

Establishment reporting must be completed using U.S. EPA Form 3540-16. Although a hard copy version of the form can be mailed to the pesticide establishment coordinator for your region, the regulators typically prefer to receive the form electronically through the Central Data Exchange (CDX), the U.S. EPA's online submission portal. Regardless of how you choose to submit your report, the information required will be the same and there is no PRIA fee associated with the annual report.

What do I report?

For each registered pesticide or registration-exempt pesticide device in question, the following information is required:

• Amount produced in the previous calendar year;
• Amount sold or distributed in the U.S. in the previous calendar year;
• Amount sold or distributed outside the U.S. in the previous calendar year (this information is not required for foreign establishments); and
• Amount anticipated to be produced in the current calendar year.

For pesticides, amounts are reported using the most appropriate unit for the product type. Pesticide devices are reported in units.

Sales Information Reporting

Annual reporting of sales to users in each province and territory is required for all products with a Pest Control Products Act (PCPA) registration number. For the purposes of this reporting, a sale refers to the metric quantity of pesticide made available for sale to users.

How do I report?

Sales data is reported by completing PMRA Form 7002 and creating an e-Index for submission to the PMRA. It is important to always use the most up-to-date version of the form. The Agency will not accept the file in any format other than the .prz file created by the e-Index builder. The file can be sent on a CD or DVD, attached to an e-mail, or submitted through the Electronic Pesticide Regulatory System online portal.

What do I report?

Information must be entered for all registered products, even if there were no sales. This can include technical grade active ingredients and manufacturing concentrates that are only used in-house. For products with sales, amounts are reported in metric units and must match the declaration of net quantity on the product label. For devices, the "other" option can be chosen as metric units are not appropriate for these products.

The following information is requested for technical grade active ingredients and manufacturing concentrates:

• Quantity of pesticide sold in Canada;
• Quantity of pesticide contained in the products made by the manufacturers of pest control products, and made available for sale by vendors to users (if possible to report or estimate); and
• Quantity of pesticide sold for the manufacture of products without a PCPA Registration Number, such as paints and plastics.

For end-use products, the following information is requested:

• Quantity of pest control product sold in Canada;
• Quantity of pesticide contained in products sold to treat seed or manufacture products regulated under the Feeds Act or Fertilizers Act, and made available for sale by vendors to users (if possible to report or estimate);
• Quantity of pest control product sold directly to regional and national distributors;
• Quantity of pest control product made available for sale by regional and national distributors (if possible to report or estimate); and
• Quantity of pest control product sold directly to users, vendors, and provincial distributors.

Form 7002 allows the user to verify that all of the required information has been entered, and supports reporting for a maximum of 25 products with sales.

Conclusion

Annual reporting is an important aspect of your regulatory compliance in Canada and the U.S. Do you have questions about this topic, the regulation of pesticides or pesticide devices, FIFRA, PCPA, or a related topic? Do you need assistance preparing a registration dossier for a pesticide or pesticide device? Contact our experts at Intertek. We're here to help!

References:

Pesticide Establishment Registration and Reporting: https://www.epa.gov/compliance/pesticide-establishment-registration-and-reporting

EPA Form 3540-16 Pesticide Report for Pesticide-Producing and Device-Producing Establishments: https://www.epa.gov/compliance/pesticide-establishment-registration-and-reporting  

Pesticide Establishment Registration and Reporting Contacts: https://www.epa.gov/compliance/pesticide-establishment-registration-and-reporting-contacts

Central Data Exchange: https://cdx.epa.gov/

Annual Pesticide Registration Maintenance Fees for 2023: https://www.epa.gov/pesticide-registration/annual-pesticide-registration-maintenance-fees-2023

Sales Information Reporting: https://www.canada.ca/en/health-canada/services/consumer-product-safety/reports-publications/pesticides-pest-management/policies-guidelines/sales-information-reporting-regulations-reporting-form.html

Sales Information Reporting Form: https://www.canada.ca/content/dam/hc-sc/migration/hc-sc/pmra7002-eng.pdf

e-Index Builder: https://www.canada.ca/en/health-canada/services/consumer-product-safety/pesticides-pest-management/registrants-applicants/electronic-pesticide-regulatory-system/e-builder.html

Electronic Pesticide Regulatory System (e-PRS): https://www.canada.ca/en/health-canada/services/consumer-product-safety/pesticides-pest-management/registrants-applicants/electronic-pesticide-regulatory-system.html