EPA v. PAN AMERICAN GROWERS SUPPLY, INC.

Case summary

3/12/10 - CIVIL COMPLAINT FILED, PROPOSING A PENALTY OF $18,053. COUNT 1 - ON OR ABOUT DEC 8, 2005, THE FL DEPT OF AGRICULTURE AND CONSUMER SERVICES CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY. THE FL DEPT OF AGRICULTURE AND CONSUMER SERVIES DOCUMENTED THAT RESPONDENT HAD IMPORTED DAMINOZIDE 85% ON 2 OCCASIONS FROM A FOREIGN PRODUCING ESTABLISHMENT IN CHINA. THE FIRST PURCHASE OF DAMINOZIDE 85% OCCURRED THRU A PURCHASE ORDER DATED FEB 25, 2005 AND WAS RECEIVED IN MIAMI ON OR AFTER MAY 11, 2005. RESPONDENT IMPORTED 121 KILOGRAMS. RESPONDENT EXPORTED DAMINOZIDE 85% TO SOUTH AMERICA. EPA HAS NO RECORD OF RESPONDENT FILING AN NOA FOR THE DAMINOZIDE 85%. RESPONDENT DID NOT SUBMIT AN NOA TO EPA PRIOR TO THE ARRIVAL OF THE SHIPMENT OF DAMINOZIDE 85%. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(N) BY FAILING TO FILE A REPORT REQUIRED BY FIFRA SECION 17(e). COUNT 2 - THE SECOND IMPORTATION OCCURRED ON OR AROUND OCT 22, 2006, RESPONDENT SUBMITTED AN NOA TO EPA REGION 4 FOR THIS IMPORTATION ON OR AROUND NOV 29, 2005. EPA REGION 4 DENIED ENTRY FOR THIS IMPORTATION OR OR AROUND DEC 1, 2005. HOWEVER, RESPONDENT HAD RECEIVED THIS SHIPMENT ON OR AROUND NOV 2, 2005. THE DAMINOZIDE 85% WAS A PESTICIDE THAT WAS NOT REGISTERED UNDER SEC 3 OF FIFRA. AT THE TIME OF IMPORTATION, THE FOREIGN PRODUCING ESTATBLISHMENT IN CHINA WAS NOT REGISTERED UNDER FIFRA SEC 7. THE DAMINOZIDE 85% WAS NOT LABELED IN ACCORDANCE WITH EPA LABELING REQUIREMENTS. RESPONDENT REPACKAGED SOME OF THE DAMINOZIDE 85% AND EXPORTED THE PRODUCT TO COLUMBIA. RESPONDENT DISTRIBUTED OR SOLD A PESTICDE THAT WAS NOT REGISTERED WITH EPA. AN UNREGISTERED PESTICIDE OR A PESTICIDE WHOSE REGISTRATION HAS BEEN CANCELLED OR SUSPENDED, MAY BE DISTRIBUTED OR SOLD, OR OTHERWISE TRANSFERRED TO THE EXTENT DESCRIBED BY THE EXEMPTIONS AT 40 CFR 152.30. EPA HAS PUBLISHED A POLICY WHICH CLARIFIES WHEN UNREGISTERED PESTICIDES MAY BE IMPORTED FOR EXPORT. THIS POLICY IS PESTICIDE REGISTRATION (PR) NOTICE 99-1: IMPORT OF UNREGISTERED PESTICIDES INTENDED FOR EXPORT . ONE REQUIREMENT IN PR 99-1 IS THAT THE FOREIGN PRODUCING ESTABLISHMENT MUST BE REGISTERED UNDER FIFRA SEC 7. RESPONDENT DISTRIBUTION OF THE UNREGISTERED PESTICIDE WAS NOT IN COMPLIANCE WITH 40 CFR 152.3 PR 99-1. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) WHEN IT SOLD OR DISTRIBUTED AN UNREGISTERED PESTICIDE. COUNT 3 - DAMINOZIDE 85% EXPORTED TO COLUMBIA WAS NOT LABELING WITH THE REQUIRED LANGUAGE NOT REGISTERED FOR USE IN THE UNITED STATES OF AMERICA. PURSUANT TO SEC 2(q)(1)(H), AN UNREGISTERED PESTICIDE INTENDED FOR EXPORT IS MISBRANDED WHEN THE LABEL DOES NOT CONTAIN, IN WORDS PROMINENTLY PLACED THEREON WITH CONSPICUOUSNESS, THOSE WORDS. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(E) WHEN IT SOLD OR DISTRIBUTED A MISBRANDED PESTICIDE. COUNT 4 - AT THE TIME OF THE INSPECTION, THERE WERE NOT COPIES OF STATEMENT(S) SIGNED BY THE FOREIGN PURCHASER(S) OF THE EXPORTED UNREGISTERED DAMINOZIDE 85% ACKNOWLEDGING THAT THE PURCHASER UNDERSTANDS THAT SUCH PESTICIDE IS NOT REGISTERED FOR USE THE IN U.S. AND CANNOT BE SOLD IN THE U.S. 40 CFR 169.2(h)(3) REQUIRES FOR UNREGISTERED PESTICIDES, MAINTENANCE OF COPIES OF A STATEMENT SIGNED BY THE FOREIGN PURCHASER OF THE PESTICIDE ACKNOWLEDGING THAT THE PURCHASER UNDERSTANDS THAT SUCH PESTICIDE IS NOT REGISTERED FOR USE IN THE U.S. AND CANNOT BE SOLD IN THE U.S. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(B) WHEN IT DID NOT PREPARE, MAINTAIN, OR SUBMIT RECORDS REQUIRED BY FIFRA SEC 8 AND 40 CFR 169.2(h)(3). 11/30/10 - DEFAULT ORDER ASSESSING A PENALTY OF $18,053 DUE WITHIN 30 DAYS.

Defendants (1)

• PAN AMERICAN GROWERS SUPPLY, INC.Named in complaintNamed in settlement

Facilities (1)

• PAN AMERICAN GROWERS SUPPLY INC

  957 SW 136 PLACE, MIAMI, FL, 33184

  Registry ID: 110038278299

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide
• FIFRA 12A2B — Refuse Records, Reports, Entry
• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• PAN AMERICAN GROWERS SUPPLY, INC.entered 2010-11-30

  Primary law: FIFRA

  Federal penalty: $18,053

Timeline (3 milestones)

• 2010-03-12Complaint Filed/Proposed Order
• 2010-03-18Enforcement Action Data Entered
• 2010-11-30Final Order Issued