EPA v. ITM INTERNATIONAL CORPORATION (CBP PORT 1404 RICHMOND - PETERSBURG)

Case summary

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 3 (EPA) INFORMED U.S. CUSTOMS AND BORDER PROTECTION (CBP) OF TWO UNREGISTERED PESTICIDES IN THE IMPORT SHIPMENT DESCRIBED UNDER ENTRY NUMBER BJE-0130081-4 AND DENIED ENTRY INTO THE UNITED STATES (19 CFR 12.114) VIA THE CBP AUTOMATED COMMERCIAL ENVIRONMENT (ACE) PORTAL. EPA REVIEWED THE LABELS AND DETERMINED THAT THEY MAKE PESTICIDAL CLAIMS. BASED ON THE LIMITED ACTIVE INGREDIENT INFORMATION, IT COULT NOT BE DETERMINED THAT THE TWO PRODUCTS MET THE REQUIREMENTS OF THE MINIMUM RISK PESTICIDE EXEMPTION AS DESCRIBED UNDER 40 C.F.R. 152.25(f). EPA DETERMINED THAT THE PESTICIDES IN THIS SHIPMENT ARE UNREGISTERED PESTICIDES THAT ARE NOT LABELED IN ACCORDANCE WITH 40 C.F.R. PART 156 WOULD THEREFORE BE DEEMED TO BE IN VIOLATION OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA). WITH VERY LIMITED EXCEPTIONS, ALL IMPORTED PESTICIDES ARE REQUIRED TO BE REGISTERED UNDER SECTION 3 OF FIFRA BEFORE BEING PERMITTED INTO THE UNITED STATES, AS PER 7 U.S.C. SECTION 136a AND 136o, AND 19 C.F.R. SECTION 12.111. PURSUANT TO THE AUTHORITY OF SECTION 7(c) OF FIFRA, 7 U.S.C. SECTION 136o(c), AND THE REGULATIONS AT 19 C.F.R. SECTION 12.114, THE U.S. EPA REJECTED THE ENTRY OF THE TWO PRODUCTS FOR IMPORT IN THE UNITED STATES AND ENTRY NUMBER BJE-0130081-4.

Defendants (1)

• ITM INTERNATIONAL CORPORATIONNamed in settlement

Facilities (1)

• U.S. CBP PORT 1404 RICHMOND - PETERSBURG

  5707 HUNTSMAN ROAD SUITE 104, RICHMOND, VA, 23250

  Registry ID: 110070107957

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ITM INTERNATIONAL CORPORATION (CBP PORT 1404 RICHMOND - PETERSBURG)entered 2017-08-07

  Primary law: FIFRA

Timeline (2 milestones)

• 2017-08-07Final Order Issued
• 2017-09-20Enforcement Action Data Entered