EPA v. PELGAR USA CORPORATION

Case summary

On February 16, 2023, a Consent Agreement and Final Order entered into by EPA and PelGar USA Corporation (?Respondent?) was filed with the Regional Hearing Clerk settling alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (?FIFRA?). The violations were discovered as a result of investigations into rodenticide products imported and sold by Respondent from 2015 and 2020. The products include batches of BRIGAND SB SOFT BAIT RODENTICIDE (EPA Reg. No. 87235-1) and BRIGAND WB WAX BLOCK RODENTICIDE (EPA Reg. No. 87235-2) which through laboratory testing were found to have percentages of active ingredient below certified limits, and to be comprised of components that were not approved at the time of registration. Additionally in 2020, Respondent was observed to be distributing or selling the two rodenticides after have receiving a FIFRA SSSURO. For each product, EPA worked closely with Respondent to bring its products into compliance with FIFRA. As alleged in the Consent Agreement and Final Order, Respondent?s conduct constituted unlawful acts under Sections 12(a)(1)(C), (E) and (a)(2)(I) of FIFRA for distributing or selling pesticides the composition of which differed from the compositions described in the statements required in connection with their registrations, that were adulterated or misbranded, or were subject to a prior Stop Sale Order, subjecting it to civil penalties under Section 14(a) of FIFRA, 7 U.S.C. 136l(a). The types of FIFRA violations at issue in this matter are exempt from EJ analyses because they effect consumers generally and do not unduly impact a specific location. According to the Consent Agreement and Final Order, Respondent is assessed a penalty in the amount of ONE HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($125,000). The Pennsylvania Department of Agriculture has been notified of this action and has raised no objection.

Defendants (1)

• PELGAR USA CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• PELGAR USA CORPORATION

  215 EVERGREEN COURT, SAYLORSBURG, PA, 18353

  Registry ID: 110069434491

Statutes cited

• FIFRA 12A2I — Violate SSUR Order
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1C — Composition Difference

Enforcement conclusions (1)

• PELGAR USA CORPORATIONentered 2023-02-16

  Primary law: FIFRA

  Federal penalty: $125,000

Timeline (4 milestones)

• 2023-02-16Complaint Filed/Proposed Order
• 2023-02-16Final Order Issued
• 2023-02-23Enforcement Action Data Entered
• 2023-09-07Enforcement Action Closed