EPA v. HIMEDIA LABORATORIES LLC

Case summary

On May 21, 2019, EPA issued a Notice of Refusal of Admission (NORA) to the U.S. Customs and Border Protection (CBP) for the import of CETRIMIDE described under the CBP Automated Commercial Environment (ACE) entry number DSV-11069926. The product was imported by Himedia Laboratories, LLC. It was established through multiple email exchanges between EPA and the Customs Broker that this product would be used as a pesticide in a laboratory setting. Because research and development (R&D) activities are not conducted on the CETRIMIDE product itself, it does not fall under the import of R&D products. Furthermore, the product does not fall under any exemption under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). CETRIMIDE is a known disinfectant containing quaternary ammonium compounds as active ingredients. The label provided for this product did neither contain an EPA registration nor an EPA establishment number. Therefore, the CETRIMIDE product was not labeled in accordance with 40 C.F.R. Part 156 and was therefore deemed to be in violation of 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 denied entry of this product for import and distribution in the United States. On May 23, 2019, the Customs Broker informed EPA that the Importer wishes to export the product back to India. The company will provide documentation of export of the CETRIMIDE product as soon as exportation has been completed.

Defendants (1)

• HIMEDIA LABORATORIES LLCNamed in settlement

Facilities (1)

• HIMEDIA LABORATORIES LLC

  107 W DOROTHY WAY, LINCOLN UNIVERSITY, PA, 19352

  Registry ID: 110070560559

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• HIMEDIA LABORATORIES LLCentered 2019-05-21

  Primary law: FIFRA

Timeline (2 milestones)

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