Office of Enforcement and Compliance Assurance (2201A) EPA 325-F-012-003
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Pesticide Import Watch Newsletter
Volume 11, Number 1
Office of Civil Enforcement
August 2012
Intercepting illegal pesticides before entering the United States commerce is critical to
protecting the environment and public health from the hazards posed by use of these products.
It is illegal to import a noncompliant pesticide into the
United States. EPA will bring enforcement actions against
importers and others to ensure compliance with the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Illegal importation of unregistered, misbranded, adulterated,
and/or otherwise violative pesticide products can result in
pesticide misuse, illegal food crop residues, human injury
or exposure, and environmental damage. Once EPA
determines a violation has occurred, the Agency determines
the appropriate enforcement response and penalty, consistent
with EPA's enforcement response policies and the range of
enforcement options available under FIFRA. For example,
EPA may issue a civil administrative complaint to any person
who violates FIFRA. EPA may also issue a Stop Sale, Use
or Removal Order (SSURO) prohibiting the person who
owns, controls, or has custody
of a violative pesticide or
device from selling, using,
or removing that product
except in accordance with the
provisions of the SSURO. Not
only does enforcement restore
compliance and prevent and
reduce risks of unsafe products
from entering our country, it
also acts as a deterrent to other entities trying to import
non-compliant pesticides/devices into the United States.
These actions serve to ensure that only compliant
products enter the U.S. territory.
Did you know?
It is unlawful under FIFRA
to distribute (including
import) or sell a pesticide in
the U.S. unless the pesticide
is registered with EPA.
Imports by Sea
A Snapshot of Recent Enforcement/Settlements
Nufarm Americas, Inc.
In March 2012, EPA determined that Nufarm Americas,
Inc. illegally imported five misbranded pesticide products;
BromoxynilMixedEster(EPAReg.No.264-533),Bromoxynil
Octanote (EPA Reg. No. 264-442), Dichlorprop-P Technical
Acid (EPA Reg. No. 15440-24), MCPA Technical Acid (EPA
Reg. No. 70596-1), and Nufarm USA 2, 4-D Acid (EPA Reg.
No. 61272-3). The imported products were illegal because
the labels on the products either contained information that
conflicted with the EPA-accepted label or had claims that
substantially differed from the claims made as part of the
product registration under FIFRA. Nufarm agreed to relabel
the violative products, prepare and implement a compliance
monitoring plan to prevent or eliminate any future violations
of FIFRA, and pay a $105,000 civil penalty.
BASF Corporation
In March 2012, EPA determined BASF Corporation illegally
imported a misbranded product, "Poast Manufacturer
Concentrate" (EPA Reg. No. 7969-56). The imported product
was illegal because the label on this product contained
information that conflicted with the EPA-accepted label.
BASF agreed to relabel the violative product, prepare and
implement a compliance monitoring plan to prevent or
eliminate any future violations of FIFRA, and pay a $7,500
civil penalty.
United Phosphorus, Inc.
In 2011, EPA issued two separate SSUROs to United
Phosphorus, Inc. for the distribution (importation) of five
shipments of a misbranded pesticide, Asulox (EPA
Reg. No. 70506-139). The imported product was illegal
because the product label differed from the EPA-approved
label. United Phosphorus, Inc. took steps to re-label
the product and obtained a release from the SSUROs.
United Phosphorus, Inc. agreed to pay a total of $14,600
civil penalty to address the distribution of a misbranded
pesticide.
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Pesticide Import Watch
Fast Fact!
Pesticides and devices must be properly labeled in accordance
with FIFRA and Title 40 C.F.R, Section 156. Prior to the
arrival of pesticides or devices being imported to the United
States, the importer is required to submit EPA Form 3540-1
"Notice of Arrival (NOA) of Pesticides and Devices" to the
appropriate EPA regional office of the port of entry where the
shipment is to arrive.
Nissco America, Inc.
In December 2011, EPA
issued a SSURO to Nissco
America, Inc. for failure
to submit a Notice of
Arrival form to EPA and for
distribution (importation)
of 44 drums of misbranded
pesticide product (8,8001bs
of violative product).
Drums without EPA label
Ag Specialities, LLC
In March 2012, EPA issued a SSURO to Ag Specialties, LLC for
distribution (importation) of a misbranded pesticide, "StrikeOut
Extra" (EPA Reg. No. 81142-3). The imported product was
illegal because the full product label was not prominently placed
or securely attached to the pesticide container. The SSURO
affected over 475,470 pounds of violative pesticide product.
Douglas Products and Packaging, LLC
In November 2011, EPA determined that Douglas Products and
Packaging LLC failed to submit to EPA a Notice of Arrival
prior to importing a shipment of 50,000 pounds of aluminum
phosphide fumigant, a registered pesticide. The company agreed
to pay a $6,237 civil penalty.
Cheminova, Inc.
In March 2012, EPA issued a SSURO to Cheminova, Inc. for
distribution (importation) of a misbranded pesticide, "Zoro
Miticide Insecticide (EPA Reg. No. 67760-71). The imported
product was illegal because the product label differed from
the EPA-accepted label, specifically the Storage and Disposal
section. The SSURO affected over 46,804 pounds of violative
pesticide product. Cheminova, Inc. agreed to relabel the product
and agreed to pay a $5,800 civil penalty to address the alleged
distribution of a misbranded pesticide.
Learn more about other import enforcement actions taken by
EPA - http://www.epa.gov/enforcement/waste/index.html.
Disclaimer: This document attempts to clarify in plain language
some EPA regulatory provisions. Nothing in the Enforcement
Alert revises or replaces any regulatory provisions in the cited
part, any other part of the Code of Federal Regulations, the
Federal Register, or the Toxic Substances Control Act. For
more information go to: www.epa.gov/enforcement
Pesticides Import Watch Newsletter
The PesticidesImportWatchNewsletteris published
periodically by EPA's Office of Enforcement
and Compliance Assurance, Office of Civil
Enforcement, to provide information regarding
the efforts EPA is undertaking to intercept illegal
pesticides.
Document Number: EPA 325-F-12-003
Protecting the environment is everyone's
responsibility. Help EPA fight pollution
by reporting potential environmental
violations.
www.epa.gov/tips
August 2012
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