EPA v. PELGAR USA CORPORATION AND AB BAIT COMPANY

Case summary

On Thursday, February 27, 2020 at 10:54 a.m. EST, Region 3 issued a FIFRA stop sale, use or removal order (SSURO) to PelGar USA Corporation and AB Bait Company, the current and former U.S. importers for PelGar International Limited, the UK manufacturer and registrant for two EPA-registered rodenticide products, a soft bait and a wax block. Samples of both products in the United States had been found to be underformulated for their active ingredient, bromadiolone. In addition, it had been found that unknown amounts of the wax block product in the United States had been manufactured with two substances not approved by EPA which gave the product an unacceptable chocolate or candy-like aroma or scent (thus creating an unacceptable risk of the product being mistaken by children as edible candy). As a result of the stop sale order, manufacturing of the two products for the United States ceased. In addition, the stop sale order froze the following amounts of the two products that were in, or on their way to, the United States, but still in the custody and control of the importer, PelGar USA Corporation (largely in place in Savannah, Georgia but also on two vessels headed to Savannah, and one headed to Sharon Hill, Pennsylvania): 3,980 16-lb pails of the soft bait product and 2,980 pails of the wax block product (694 4-lb pails; 354 8-lb pails; 1,932 18-lb pails). In addition, following the stop sale order, the importer was able to freeze an additional 60 16-lb pails of soft bait product that were mistakenly sold by the importer shortly after the stop sale order and were in the custody of the purchaser in Phoenix, Arizona. No other amounts of either product has entered the United States since the issuance of the stop sale order.

Defendants (1)

• PELGAR USA CORPORATION AND AB BAIT COMPANYNamed in settlement

Facilities (1)

• PELGAR USA CORPORATION

  215 EVERGREEN COURT, SAYLORSBURG, PA, 18353

  Registry ID: 110069434491

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1C — Composition Difference
• FIFRA 12A1B — Claim Difference

Enforcement conclusions (1)

• PELGAR USA CORPORATION AND AB BAIT COMPANYentered 2020-02-27

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-02-27Final Order Issued
• 2020-08-11Enforcement Action Data Entered
• 2023-09-07Enforcement Action Closed