Office of Enforcement and Compliance Assurance (2201 A)
                                        EPA 300-F-014-001
 I
                       Pesticide Import Watch Newsletter
       Volume 14, Number 1
Office of Civil Enforcement
                 EPA Continues  to Take Action to Stop Importation
                                       of Illegal Pesticides
Importation  of illegal  pesticide  products  continues  to
pose significant threats to the American public and  our
environment. In an effort to address the continuing problem
of noncompliant  pesticide  products  entering the country,
the  United   States   Environmental  Protection  Agency
(EPA) is closely monitoring the pesticide import trade  and
aggressively taking action to stop imports of products that do
not comply with the law. In 2013, EPA enforcement activities
intercepted more  than 16 million pounds of noncompliant
pesticide  products,  denying entry or requiring corrective
action to be taken before allowing the products to enter the
United States.
Products intended for use as pesticides in the United States
must be registered under the Federal Insecticide, Fungicide
and Rodenticide  Act (FIFRA). The registration process
provides the public with the assurance that pesticides sold
in the U.S. will not adversely impact human health or the
environment  when used in accordance with the product's
labeling. When importing pesticides or devices to the U.S.,
the importer must submit Form 3540-1 "Notice of Arrival
(NOA) of Pesticides and Devices" to EPA. EPA determines
the appropriate disposition of the  product and returns the
NOA form to the importer who then presents the NOA form
to the U.S. Customs and Border Protection (CBP) at the port
of entry.  CBP will  not permit entry without a completed
NOA.
Illegal importation of noncompliant pesticide products  can
result in pesticide misuse,  illegal  residues on  food  crops,
human injury or exposure,  and environmental  damage.  If
EPA finds that a  company  is attempting to import, or has
imported  illegal pesticides into the U.S., it may deny entry,
seek penalties for illegal distribution, or may 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.
In 2013, EPA denied entry for more than 300 shipments
                                         Pesticides are not just
                                         roach sprays and rat traps.
                                         They include any product
                                         that claims to kill or repel
                                             any type of pest.
of pesticides, issued  11 Stop Sale, Use or Removal Orders
and  finalized  eight  consent
agreements and  final orders
(CAFO)    assessing   civil
penalties  in the  amount  of
$3,503,276.  This newsletter
presents a snapshot of those
actions.    To    learn   about
additional  import enforcement actions taken, including
import denials and the issuance of additional SSUROs and
CAFOs  please  visit  http://www2.epa.gov/enforcement/
waste-chemical-and-cleanup-enforcement.

      A Snapshot of Recent Enforcement/
                    Settlements

EMD Millipore  Corporation  Pays  2nd  Largest
FIFRA Penalty Ever

EMD Millipore Corporation agreed to pay a $2,681,500
civil penalty to address
its illegal importation
and sale of numerous
pesticide devices and
other violations  of
FIFRA since  2008.
EPA   cited   EMD
Millipore for failure to
file NOAs, selling and
distributing pesticide
devices  without  a
valid  establishment
                                 Pesticide product labels provide
                                 critical information about how to safely
                                 handle and use pesticide products.
                                 In addition, signal -words such as
                                 DANGER, WARNING, and CAUTION
                                 help describe the acute (short-term)
                                 toxicity of the formulated pesticide
                                 product. These -words help inform users
                                 of the special hazards of a pesticide
                                 product.
            number on the label,
            production in an unregistered establishment, and failing to
            file accurate Section 7 reports regarding device production
            at a foreign establishment in Molsheim, France.

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                                    Pesticide Import Watch
The Dow Chemical Company Pays  Significant Penalty for Importing More than a Million Pounds of
Violative Pesticides

The Dow Chemical Company imported approximately  1,299,012 million pounds from China containing misbranded
antimicrobial pesticide products. The pesticides were distributed with labels that were false, misleading or lacked sufficient
directions or warnings.  Dow also failed to file pesticide import Notices of Arrival. EPA required Dow to relabel the
misbranded pesticide product at a registered EPA establishment/bonded warehouse. Dow's alleged violations of FIFRA
were resolved by four separate enforcement agreements. The settlements resolved a total of 80 FIFRA violations and Dow
payed a combined civil penalty of $600,000.
                            Non-compliant label - Lacked sufficient directions or warnings (Dow Chemical Company)
Ag Specialties, LLC Issued a Stop Sale Order for Importing Violative Pesticides from China

In April 2013, EPA issued a SSURO to Ag Specialties,  LLC for importation of a misbranded pesticide, "StrikeOut
Extra" (EPA Reg. No. 81142-3) from China. The imported product was illegal because EPA cancelled the registration of
"StrikeOut Extra" on March 20, 2013. The SSURO affected 1,062,240 pounds of violative pesticide product.


NuFarm Americas Inc. Issued Stop Sale Orders and Fined For Importing Multiple Violative Pesticides
from Various Countries.

EPA issued SSUROs to Nufarm Americas Inc. for the importation of five misbranded pesticide products. The products
were illegal because the labels lacked clean and rinse information in the Storage and Disposal section, were missing the
entire Directions for Use section, and the containers not clearly identified as either refillable or non-refillable.
In separate actions, EPA issued Consent Agreements and Final Orders to NuFarm Americas, Inc for the importation of
eight additional misbranded pesticide products. The imported products were illegal because the  labels on the products
either contained information that conflicted with the EPA-accepted label or had  label claims that differed from the claims
made as part of their registrations under Section 3 of FIFRA. The use of products with claims not approved by EPA could
increase the potential harm to consumers. NuFarm Americas brought the products into compliance and agreed to pay
total penalties of $163,500.
July 2014

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                                   Pesticide Import Watch
Pioneer Hi-Bred Fined For Illegally Importing Genetically Modified Corn Seed

Pioneer Hi-Bred illegally imported genetically modified seed corn when it failed to file Notices of Arrival of
Pesticides and Devices for six shipments of "Pioneer Hercul ex 1 Corn" (EPAReg. No. 29964-3) from Chile. The
product is a genetically  modified seed corn containing the plant-incorporated protectant, Bacillus thuringiensis
subsp. aizawai delta endotoxin protein. Pioneer Hi-Bred agreed to pay a $42,500 civil penalty.
                                 Pesticides Import Watch Newsletter

 The Pesticides Import Watch Newsletter is published periodically by EPAs 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-14-001
     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:
     www2. epa.gov/enforcement
      Report a Violation!
  Protecting the environment is
  everyone's responsibility. Help
 EPA fight pollution by reporting
potential environmental violations.

http ://www2. epa.gov/enforcement/
 report-environmental-violations
July 2014

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