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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