EPA v. WELL SHIELD, LLC

Case summary

9/1/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $253,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON THE INFORMATION GATHERED DURING THE INSPECTION ON AUGUST 17, 2010, AND THE INFORMATION SUBMITTED BY THE RESPONDENT, THE EPA DETERMINED THAT OXITITAN WAS BEING PRODUCED, DISTRIBUTED AND/OR SOLD BY THE RESPONDENT. BASED ON PESTICIDAL CLAIMS MADE ON THE PRODUCT LABEL FOR OXITITAN , THE PRODUCT IS A PESTICIDE. FURTHER, AT THE TIME OF THE INSPECTIONS, THE PRODUCT OXITITAN WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA, AS REQUIRED BY SECTION 3 OF FIFRA. RESPONDENT OFFERED FOR DISTRIBUTION AND/OR SALE THE UNREGISTERED PESTICIDE OXITITAN , IN VIOLATION OF SECTION 12(a)(1)(A). DURING THE RELEVANT TIME, THE ESTABLISHMENT WAS NOT REGISTERED WITH THE EPA. PURSUANT TO 40 CFR SECTION 167.20(3), ANY ESTABLISHMENT WHERE A PESTICIDE IS PRODUCED MUST BE REGISTERED WITH THE AGENCY. RESPONDENT PRODUCED THE PESTICIDE, OXITITAN , AT ITS ESTABLISHMENT, THAT WAS NOT REGISTERED WITH THE EPA, IN VIOLATION OF FIFRA SECTION 12(a)(2)(L). FURTHER, BASED ON INFORMATION SUBMITTED BY THE RESPONDENT, THE EPA DETERMINED THAT ON AT LEAST ELEVEN (11) SEPARATE OCCASIONS, THE RESPONDENT FAILED TO SUBMIT A NOTICE OF ARRIVAL (NOA) OF PESTICIDES AND DEVICES (ALSO KNOWN AS EPA FORM 3540-1 ) TO THE EPA PRIOR TO THE ARRIVAL OF EACH OF THE SHIPMENTS FROM THE FOREIGN ESTABLISHMENT IN CHINA, THAT ACCURATELY REPORTED THE PRODUCT'S COMPOSITION AND NATURE. RESPONDENT FAILED TO FILE A NOA ON AT LEAST ELEVEN (11) SEPARATE OCCASIONS PRIOR TO THE ARRIVAL OF EACH SHIPMENT OF THE PESTICIDE, IN VIOLATION OF FIFRA SECTION 12(a)(2)(N).

Defendants (1)

• WELL SHIELD, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WELLSHIELD, LLC

  101 NORTH FEDERAL HIGHWAY, SUITE 600, BOCA RATON, FL, 33432

  Registry ID: 110064036341

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• WELL SHIELD, LLCentered 2015-09-01

  Primary law: FIFRA

  Federal penalty: $253,600

Timeline (4 milestones)

• 2015-09-01Final Order Issued
• 2015-09-01Complaint Filed/Proposed Order
• 2015-09-08Enforcement Action Data Entered
• 2015-09-24Enforcement Action Closed