EPA v. MICHELMAN, INC.

Case summary

On August 1, 2019, EPA received several Business Rule Hits for the shipment of CAUSTIC ALKALI LIQUID under the ACE entry number 791-24455523. The PGA data were missing the shipper contact information, the document image indicator, a product label, and the EPA establishment and EPA registration numbers were entered incorrectly. On August 1st and 5th, EPA reached out via email to the importer of record, Michelman, Inc., and the broker of record, C.H. Robinson in order to request the missing information. As a result of the continued email conversation, it became clear that the product, which is the pesticide PROXEL GXL (EPA Reg. No. 1258-1255), was not labeled according to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The product, which is a liquid, was transported in large plastic/metal totes of 1000 kg net weight each. The importer provided photographs of the label information that was attached to the totes. Neither of the labels (one of which was in French) represented the required FIFRA product label. Pesticides must be labeled according to 40 CFR Part 156. Because there was no proper product label that displayed the required label sections, such as Precautionary Statements, First Aid Statements, User Safety Requirements, etc. the product was considered misbranded and 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 August 19th, 2019, the importer provided EPA with documentation that the product was exported to Belgium.

Defendants (1)

• MICHELMAN, INC.Named in settlement

Facilities (1)

• MICHELMAN, INC.

  9080 SHELL ROAD, CINCINNATI, OH, 45236-1299

  Registry ID: 110064365725

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• MICHELMAN, INC.entered 2019-08-08

  Primary law: FIFRA

Timeline (2 milestones)

• 2019-08-08Final Order Issued
• 2019-10-09Enforcement Action Data Entered