EPA v. FMC CORPORATION

Case summary

On March 26, 2019, the CBP ACE system generated an automatic hit for missing or invalid EPA producer establishment number or country of origin does not match for this entry. EPA reviewed the import filing and determined that the PROAXIS pesticide product in this shipment, which is registered under EPA Reg. No. 279-3612, is misbranded according to 40 C.F.R. Part 156. This pesticide product would therefore be deemed to be in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA offered FMC Corporation a corrective action to bring the PRO AXIS product into FIFRA compliance. However, the company informed EPA on April 2, 2019, that they wish to pursue exporting this product back to the country of origin. 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. The customs broker, BDP International, will work with CBP to arrange for export of this shipment to the country of origin. EPA requests documentation that demonstrates that the product was exported.

Defendants (1)

• FMC CORPORATIONNamed in settlement

Facilities (3)

• FMC CORPORATION

  2929 WALNUT STREET, PHILADELPHIA, PA, 19104

  Registry ID: 110069999063

• FMC CORPORATION

  2929 WALNUT STREET, PHILADELPHIA, PA, 19104

  Registry ID: 110069999063

• FMC CORPORATION

  2929 WALNUT STREET, PHILADELPHIA, PA, 19104

  Registry ID: 110069999063

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• FMC CORPORATIONentered 2019-04-03

  Primary law: FIFRA

Timeline (2 milestones)

• 2019-04-03Final Order Issued
• 2019-04-12Enforcement Action Data Entered