EPA v. FELD ENTERTAINMENT, INC. (CBP PORT 1108; PHILADELPHIA, PA)

Case summary

EPA initially placed a HOLD INTACT in that Automated Commercial Environment (ACE) on September 17, 2018, because the product name SANOSIL KOALA SANITIZR IZ suggests that the product is used for pesticidal purposes. EPA Region 3 has been in contact with the broker and importer since September 17, 2018, to ascertain as to the use of this product. EPA also requested a product label that accompanies the shipment. On Wednesday, September 19, 2018, Valerie Wilhite from Feld Entertainment, Inc. provided photographs of the label, which is affixed to the product container. On Friday, September 21, 2018, Ms. Wilhite further confirmed that the product is not registered with EPA. She also provided a Safety Data Sheet (SDS) sheet of the product (?Sanosil S006?). The product contains hydrogen peroxide and silver as active ingredients and makes pesticidal as well as public health claims. A variety of products with these ingredients are actively registered with EPA as bactericides, fungicides, and/or virucides. Finally, the ACE entry for SANOSIL KOALA SANITIZR IZ under the entry number 551-84650451 was filed under program code PS1 and disclaim code A, indicating a product that is not regulated by EPA. This is incorrect, because SANOSIL KOALA SANITIZR IZ is considered a pesticide that requires EPA registration, and therefore requires the filing of a Notice of Arrival of Pesticides and Devices in paper format or via the ACE system. The product also requires an EPA-accepted label. The ACE entry did not contain any product label information. Thus, the SANOSIL KOALA SANITIZR IZ product is not labeled in accordance with 40 C.F.R. Part 156 and would therefore be deemed to be in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C.136o(c), and the regulations at 19 C.F.R. 12.114, the EPA rejected the entry of this product for import and distribution in the United States.

Defendants (1)

• FELD ENTERTAINMENT, INC.Named in settlement

Facilities (1)

• U.S. CBP PORT 1108 PHILADELPHIA, PA

  2ND & CHESTNUT STREETS, PHILADELPHIA, PA, 19106

  Registry ID: 110070378285

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• FELD ENTERTAINMENT, INC. (CBP PORT 1108; PHILADELPHIA, PA)entered 2018-09-24

  Primary law: FIFRA

Timeline (2 milestones)

• 2018-09-24Final Order Issued
• 2018-10-03Enforcement Action Data Entered