uslaws_export_hazard_jan1992-39abed67c4aced6e.pdf
Summary
This research paper provides a comparative analysis of the United States legal and regulatory frameworks governing the export of controlled and hazardous substances, including chemicals, drugs, pesticides, radioactive materials, and hazardous wastes. The author concludes that there is no single, unified approach to these exports, with requirements for notification, consent, and labeling varying significantly across different statutes.
Key insights
- United States law lacks a unified approach to regulating the export of controlled or hazardous substances, with specific requirements for notification, recording, reporting, and labeling varying by statute.
- The Resource Conservation and Recovery Act (RCRA) is the only U.S. statute among those surveyed that requires the importing country to consent to the shipment of hazardous waste.
- The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is the only statute that requires export labels to be provided in both English and the language of the importing country.
- Under the Toxic Substances Control Act (TSCA), chemicals intended for export are generally exempt from most provisions if properly marked, unless the EPA determines the substance presents an "unreasonable risk of injury to health within the United States or to the environment of the United States."
- The Food, Drug, and Cosmetic Act (FDCA) was amended in 1986 to create a three-track system for exporting unapproved new pharmaceuticals, including a specific track for export to 21 listed countries (such as Canada, Japan, and the United Kingdom) provided the drug is approved in the receiving country.
- The Atomic Energy Act (AEA) regulates the export of radioactive materials through general or specific licenses issued by the Nuclear Regulatory Commission, prohibiting general licenses for shipments to Cuba, Kampuchea, North Korea, or Viet Nam for security reasons.
- The Basel Convention, which the U.S. had signed but not ratified as of January 31, 1992, establishes an international regime requiring that transboundary movements of hazardous waste only occur with the written consent of the receiving and transit states.
Cite the original document
- APA
- Center for International Environmental Law (n.d.). uslaws_export_hazard_jan1992-39abed67c4aced6e.pdf. https://www.ciel.org/wp-content/uploads/2015/04/USLaws_Export_Hazard_Jan1992.pdf
- Chicago
- Center for International Environmental Law. uslaws_export_hazard_jan1992-39abed67c4aced6e.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/04/USLaws_Export_Hazard_Jan1992.pdf.
- Wikipedia
- {{cite report |author=Center for International Environmental Law |title=uslaws_export_hazard_jan1992-39abed67c4aced6e.pdf |url=https://www.ciel.org/wp-content/uploads/2015/04/USLaws_Export_Hazard_Jan1992.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centerforinternationalenvironmentallawnduslawsexporthazardjan199239abed67c4aced6epdf, author = {{Center for International Environmental Law}}, title = {{uslaws\_export\_hazard\_jan1992-39abed67c4aced6e.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/04/USLaws_Export_Hazard_Jan1992.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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