EPA v. BRAZOS INTERNATIONAL, INC.

Case summary

5/8/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,776, DUE WITHIN 30 DAYS. RESPONDENT'S NOA (ENTRY NO MC2 60486287) IDENTIFIED THAT UNREGISTERED PESTICIDES WERE BEING ENTERED UNDER A CUSTOMS BOND INTO THE U.S. FOR PURPOSES OF FURTHER REFORMULATION, REPACKAGING AND INTENDED EXPORT TO A FOREIGN PURCHASER. PESTICIDE REGISTRATION (PR) NOTICE SETS FORTHS 9 CONDITIONS WHEREBY EPA WILL ALLOW THE FURTHER DISTRIBUTION OF IMPORTED UNREGISTERED PESTICIDES INTENDED FOR EXPORT WHICH CORRELATES TO THE REGULATORY ALLOWANCE AT 40 CFR 152.30(d) TO ALLOW FOR THE TRANSFER OF UNREGISTERED PESTICIDES SOLELY FOR EXPORT. FIRST CONDITION IS THAT THE FOREIGN PRODUCING ESTABLISHING IS REGISTERD UNDER FIFRA SEC 7 AND IS COMPLIANT WITH SEC 7 REPORTING REQUIREMENTS. RESPONDENT FAILED TO COMPLETE BLOCK #5 OF THE NOA TO REFLECT THE EPA FOREIGN PRODUCER ESTABLISHMENT NUMBER;. RESPONDENT ACKNOWLEDGED THAT THE FOREIGN PRODUCER DID NOT HAVE AN EPA PRODUCER ESTABLISHMENT NUMBER. FURTHERMORE, RESPONDENT ACKNOWLEDGED THAT THE STENCILED DRUM MARKINGS ON BOTH THE UNREGISTERED MALATHION TECHNICAL 95% AND UNREGISTERED DIAZINON TECHNICAL 95% CONSTITUTE THE COMPLETE PESTICIDE LABELING WHICH APPEARS ON THE CONTAINERS. ON OR ABOUT APRIL 10, 2008, RESPONDENT SUBMITTED TWO REVISED NOAs TO SEPARATELY ACCOUNT FOR THE IMPORTATION OF THE UNREGISTERED PESTICIDES. RESPONDENT IDENTIFIED THE SHIPPER ON THE NOAs (BLOCK #3) AS IPROCHEM CO., LTD., SHENZEN, GUANDONG PROVINCE, CHINA. MISBRANDED INCLUDES WHEN THE LABELING DOES NOT CONTAIN DIRECTIONS FOR USE WHICH ARE NECESSARY FOR EFFECTING THE PURPOSE FOR WHICH THE PRODUCT IS INTENDED FOR THE LABELING DOES NOT CONTAIN A WARNING OR CAUSTION STATEMENT ADEQUATE TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(E).

Defendants (1)

• BRAZOS INTERNATIONAL, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• BRAZOS INTERNATIONAL, INC.

  220 N.E. 148TH STREET, MIAMI, FL, 33161

  Registry ID: 110037081154

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BRAZOS INTERNATIONAL, INC.entered 2008-05-08

  Primary law: FIFRA

  Federal penalty: $5,776

Timeline (4 milestones)

• 2008-05-08Complaint Filed/Proposed Order
• 2008-05-08Final Order Issued
• 2008-05-19Enforcement Action Data Entered
• 2008-06-18Enforcement Action Closed