EPA v. SERA NORTH AMERICA, INC.

Case summary

On March 2, 2020, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement between EPA Region III and Sera North America, Inc. ( Respondent ) for alleged violations of FIFRA statutory and regulatory requirements governing the sale and distribution of pesticide products and devices and associated product import reporting requirements. Respondent operates as an aquarium supply distribution company from a single warehouse facility located at 158 Keystone Drive, Montgomeryville, Pennsylvania. EPA's investigation yielded evidence sufficient to allege that between calendar years 2016 and 2018 Respondent: (1) made 158 distributions and/or sales of four unregistered pesticides (i.e., sera phosvec clear, sera siporax algovec Professional, sera pond phosvec, and sera pond algenstop) to customers in the United States; (2) made 359 distributions and/or sales to U.S. customers of a pesticide device (i.e., sera snail collect) that did not bear a product label displaying any EPA establishment registration number required to be assigned to each establishment where any device is produced; and (3) imported shipments of these five pesticide products into the United States without the prior submission, to EPA, of required Notice of Arrival forms. These activities constitute violations of Sections 3(a) and 7(a) of FIFRA and unlawful acts under FIFRA Sections 12(a)(1)(A), (a)(1)(F) and (a)(2)(L) for which penalties may be assessed pursuant to FIFRA Section 14(a). Respondent's representatives cooperated fully with EPA during the inspection and investigation and have now certified that Respondent currently is in compliance with all relevant and applicable FIFRA statutory and regulatory requirements. The settlement requires Respondent to pay a civil penalty of $43,800 within 30 days of the effective date of the Consent Agreement and Final Order for the identified violations. The Pennsylvania Department of Agriculture has expressed no objection to the EPA's actions and there has been no further State involvement in this matter.

Defendants (1)

• SERA NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (1)

• SERA NORTH AMERICA, INC.

  158 KEYSTONE DRIVE, MONTGOMERYVILLE, PA, 18936

  Registry ID: 110070226181

Statutes cited

• FIFRA 12A1F — Device Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• SERA NORTH AMERICA, INC.entered 2020-03-02

  Primary law: FIFRA

  Federal penalty: $43,800

Timeline (3 milestones)

• 2020-03-02Final Order Issued
• 2020-03-02Complaint Filed/Proposed Order
• 2020-03-03Enforcement Action Data Entered