EPA v. NOVOZYMES BIOLOGICALS, INC

Case summary

EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT TO A SELF-DISCLOSURE THAT NOVOZYMES BIOLOGICALS, INC. ( NOVOZYMES ) PROVIDED REGARDING VILATIOSN OF SECTIONS 12(a)(1)(E) and (a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(E) and (a)(1)(A) AND THEIR IMPLENTING REGULATIONS AT 40 C.F.R. PART 168. THE NOVOZYMES FACILITY IS LOCATED AT 5400 CORPORATE CIRCLE, SALEM, VA 24153 ( FACILITY ). IN A LETTER TO EPA, DATED MARCH 17, 2009, AND IN A SUBSEQUENT RESPONSES TO AN EPA INQUIRIES, NOVOZYMES DISCLOSED THAT IT HAD SHIPPED BIO1020, AN UNREGISTERED PESTICIDE, TO THE NETHERLANDS IN 2007 AND 2008, AND TO THE NETHERLANDS OR FRANCE IN 2008, WITHOUT THE PROPER BILINGUAL LABELING, IN VIOLATION OF SECTION 12(a)(1)(E) OF FIFRA AND ITS IMPLEMENTING REGULATIONS AT 40 CFR PART 168. NOVOZYMES ALSO EXPORTED THOSE SHIPSMENTS WITHOUT HAVING OBTAINED OR SUBMITTED A PURCHASER ACKNOWLEDGEMENT STATEMENT TO EPA OR TO AN APPROPRIATE OFFICIAL IN THE IMPORTING COUNTRY'S GOVERNMENT, IN VIOLATION OF SECTION 12(a)(1)(A) AND ITS IMPLEMENTING REGULATIONS AT 40 C.F.R PART 168, WHICH PROHIBITS THE SALE AND DISTRIBUTION OF AN UNREGISTERED PESTICIDE.

Defendants (1)

• NOVOZYMES BIOLOGICALS, INCNamed in settlement

Facilities (2)

• NOVOZYMES BIOLOGICALS, INC.

  5400 CORPORATE CIRCLE, SALEM, VA, 24153

  Registry ID: 110024116302

• NOVOZYMES BIOLOGICALS, INC.

  5400 CORPORATE CIRCLE, SALEM, VA, 24153

  Registry ID: 110024116302

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• NOVOZYMES BIOLOGICALS, INCentered 2011-06-29

  Primary law: FIFRA

Timeline (2 milestones)

• 2011-06-29Final Order Issued
• 2011-06-29Enforcement Action Data Entered