EPA v. ARYSTA LIFESCIENCE NORTH AMERICA, LLC

Case summary

2/5/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $24,960. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: IN JULY OF 2007, EPA LEARNED FROM RESPONDENT THAT CONTRARY TO EPA'S DENIAL LETTER, THE SUBSEQUENT IMPORT SHIPMENT WAS RELEASED BY US CUSTOMS & BORDER PROTECTION AND ARRIVE AT BASF SPARKS LLC. CHLOROTHALONIL TECHNICAL IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 USC SECTION 136(u), WHICH INCLUDE ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENITNG, DESTROYING, REPELLING, OR MITIGATING ANY PEST. AT THE TIME OF IMPORTATIONS, CHLOROTHALONIL TECHNICAL WAS NOT A REGISTERED PESTICIDE WITH EPA. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). IT IS UNLAWFUL ACCORDING TO SECTION 12(a)(1)(E) OF FIFRA FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. SECTION 2(q) OF FIFRA 7 USC SECTION 136(q)DEFINES THE TERM MISBRANDED , IN PART, WHEN ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING. RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA. RESPONDENT VIOLATED 12(a)(2)(M) OF FIFRA, IN PART, FOR ANY PERSON TO FALSIFY ANY RECORDS REQUIRED TO BE MAINTAINED OR ANY REPORT FILED UNDER FIFRA. RESPONDENT VIOLATED 12(a)(2)(M).

Defendants (1)

• ARYSTA LIFESCIENCE NORTH AMERICA, LLCNamed in complaintNamed in settlement

Facilities (1)

• ARYSTA LIFESCIENCE NORTH AMERICA, LLC

  15401 WESTON PARKWAY, SUITE 150, CARY, NC, 27513

  Registry ID: 110038433068

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2M — Falsify Application, Information, etc.
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ARYSTA LIFESCIENCE NORTH AMERICA, LLCentered 2009-02-05

  Primary law: FIFRA

  Federal penalty: $24,960

Timeline (4 milestones)

• 2009-02-05Final Order Issued
• 2009-02-05Complaint Filed/Proposed Order
• 2009-02-17Enforcement Action Data Entered
• 2009-03-24Enforcement Action Closed