EPA v. BWA WATER ADDITIVES US LLC

Case summary

12/31/15 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR ABOUT DEC 1, 2015, BWA SUBMITTED A NOTICE OF ARRIVAL TO EPA THAT CONTAINED AN INCORRECT PERCENTAGE OF ACTIVE INGREDIENT FOR THE PRODUCT BELLACIDE 320 SCHEDULED TO ARRIVE IN THE PORT OF SAVANNAH ON OR AROUND JAN 2, 2016. A CORRECTED NOTICE OF ARRIVAL WAS SUBMITTED ON DEC 3, 2015. ON OR ABOUT DEC 2, 2015, CWA INFORMED THE EPA R4 THAT THE SHIPMENT OF TWENTY 500-POUND SUPER SACK CONTAINERS OF BELLACIDE 320, EN ROUTE FROM CHINA T GA, CONTAINS PRODUCT LABELS WHICH BEAR AN INCORRECT PERCENTAGE FOR THE ACTIVE INGREDIENT. EPA HAS DETERMINED THAT THE CONTAINER OF BELLACIDE 320, EN ROUTE TO THE UNITED STATES, ARE MISBRANDED DUE TO THEIR LABELS BEARING AN INCORRECT PERCENTAGE OF ACTIVE INGREDIENT, THEREBY MAKING FALSE STATEMENTS. BWA HAS ADVISED EPA THAT UPON ARRIVAL IN U.S. IT INTENDS TO SHIP BELLACIDE 320 FROM THE PORT OF ENTRY TO BWA'S WAREHOUSE NEAR ATLANTA, GA. BWA THEN INTENDS TO FURTHER DISTRIBUTE BELLICIDE 320 TO A TOLLING MANUFACTURER IN SOUTH CAROLINA. THE TOLLING MANUFACTURER, AS AN AGENT OF BWA, WILL FORMULATE BELLICIDE 320 INTO FINAL PESTICIDE PRODUCTS FOR SALE AND DISTRIBUTION TO BWA'S CUSTOMERS. ORDER: BWA IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE THE PESTICIDE PRODUCT BELLACIDE 320, ONCE IT ARRIVES IN THE PORT OF SAVANNAH ON OR ABOUT JAN 2, 2016, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS PROVIDED BELOW: A. THE PRODUCT MUST EITHER TAKE THE FOLLOWING STEPS: i. THE MISBRANDED PRODUCT MUST BE PROPERLY RELABELED IN ACCORDANCE WITH FIFRA REQUIREMENTS AT A FACILITY THAT HAS AN EPA ESTABLISHMENT NUMBER LOCATED AT OR NEARBY THE PORT OF SAVANNAH; AND ii PROOF OF THE RELABELING MUST BE PROVIDED TO EPA (PHOTOGRAPHS ARE ACCEPTABLE), ALONG WITH A CERTIFICATION FROM THE CEO OR OTHER AUTHORIZED OFFICIAL OF THE COMPANY STATING THAT THE RELABELING HAS BEE COMPLETED. EXCEPT AS STATED ABOVE, AFTER RECEIVING THIS SSURO, BWA SHALL NOT COMMENCE ANY SLAE, USE, REMOVAL OR DISTRIBUTION OF THE BELLACIDE 320 UNLESS (1) BWA IS IN COMPLIANCE WITH FIFRA AND HAS TAKEN THE ACTIONS REQUIRED IN EITHER SECTION (a) ABOVE OR (B) ABOVE AND (2) EPA HAS AGREED TO VACATE THIS SSURO.

Defendants (1)

• BWA WATER ADDITIVES US LLCNamed in settlement

Facilities (1)

• BWA WATER ADDITIVES US LLC

  1979 LAKESIDE PARKWAY, SUITE 925, TUCKER, GA, 30084

  Registry ID: 110035849516

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• BWA WATER ADDITIVES US LLCentered 2015-12-31

  Primary law: FIFRA

Timeline (2 milestones)

• 2015-12-31Final Order Issued
• 2016-01-21Enforcement Action Data Entered