EPA v. MD PHARMACEUTICAL SUPPLY

Case summary

On May 13, 2019, EPA issued a HOLD INTACT in the U.S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE) system for the import of FIPRONIL and requested product label information. FIPRONIL is a broad use insecticide that is used to control ants, beetles, cockroaches, fleas, ticks, termites, mole crickets, thrips, rootworms, weevils, and other insects. Fipronil is used in a wide variety of pesticide products and is an active ingredient for pesticide products used in pets, such as in flea and tick collar products for dogs and cats, or it is applied directly to exposed skin of pets to repel ticks, flees, and mosquitos. The customs broker (Mr. Richard Zupito from Montgomery International) reached out to the importer and provided additional information to EPA. However, it was determined that this product would not fall under a pharmaceutical exemption, or that any other exemption would apply under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Therefore, the FIPRONIL product was not labeled in accordance with 40 C.F.R. Part 156 and was therefore be deemed to be in violation of FIFRA. Therefore, EPA issued a Notice of Refusal of Admission (NORA) and denied entry of the FIPRONIL product, 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. On May 15, 2019, the Broker informed EPA that the Importer wishes to export the product to Canada. The company will provide documentation once the exportation of the product has been completed.

Defendants (1)

• MD PHARMACEUTICAL SUPPLYNamed in settlement

Facilities (1)

• MD PHARMACEUTICAL SUPPLY

  210 POPLAR STREET, HANOVER, PA, 17331

  Registry ID: 110070560555

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MD PHARMACEUTICAL SUPPLYentered 2019-05-15

  Primary law: FIFRA

Timeline (2 milestones)

• 2019-05-15Final Order Issued
• 2019-06-21Enforcement Action Data Entered