EPA v. UNITED PHOSPHORUS INC.

Case summary

2/21/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $74,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT JUNE 6, 2016, THE EPA RECEIVED A NOA FROM RESPONDENT REQUIRESTING PERMISSION FOR ENTRY OF A PESTICIDE PRODUCT ETHOFUMESATE TECHNICAL INTO THE UNITED STATES THROUGH THE PORT OF CHARLESTON, SOUTH CAROLINA. THE RESPONDENT'S PESTICIDE PRODUCT SHIPMENT OF ETHOFUMESATE TECHNICAL ARRIVED AT THE PORT OF CHARLESTON, SOUTH CAROLINA ON JUNE 9, 2016. THE EPA REVIEW OF THE NOA SUBMITTED BY THE RESPONDENT REVEALED THAT THE EPA PRODUCER ESTABLISHMENT NUMBER INCLUDED ON THE NOA WAS CANCELLED ON OR ABOUT FEBRUARY 12, 2012. FURTHER, THE EPA DISCOVERED THAT THE IDENTICAL INACTIVE EPA PRODUCER ESTABLISHMENT NUMBER WAS INCLUDED ON FOUR ADDITIIONAL SEPARATE NOAs SUBMITTED BY THE RESPONDENT TO THE EPA AFTER FEBRUARY 12, 2012, FOR THE IMPORTATION OF THE SAME PESTICIDE PRODUCT LISTED IN THE NOA SUBMITTED JUNE 6, 2016. PURSUANT TO SECTION 12(a)(2)(N) OF FIFRA, IT IS UNLAWFUL FOR A REGISTRANT, WHOLESALER, DEALER, RETAILER, OR OTHER DISTRIBUTOR TO FAIL TO FILE ANY REPORTS REQUIRED BY THIS ACT. A NOA IS A REPORT THAT MUST BE FILED WITH THE EPA IN ACCORDANCE WITH SECTION 12(a)(2)(N). RESPONDENT FAILED TO SUBMIT ACCURATE NOAs TO THE EPA PRIOR TO THE IMPORTATION OF THE PESTICIDE SHIPMENTS INTO THE UNITED STATES. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(a)(2)(N) OF FIFRA. IN 2013, 2014 AND 2015, RESPONDENT SUBMITTED ANNUAL PESTICIDE PRODUCTION REPORTS TO THE EPA THAT INCLUDED THE PESTICIDE PRODUCT LISTED ON FIVE NOAs. THE ANNUAL PRODUCTION REPORTS LISTED THE EPA PRODUCER ESTABLISHMENT NUMBER THAT HAD BEEN CANCELLED IN 2012. THEREFORE, DURING THE YEARS 2013, 2014, AND 2015, THE ESTABLISHMENT WHERE THE PESTICIDE PRODUCTS LISTED IN RESPONDENT'S ANNUAL REPROTS WERE PRODUCED WAS NOT REGISTERED WITH THE EPA. BY PRODUCING PESTICIDES IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE EPA DURING 2013, 2014 AND 2015, RESPONDENT VIOLATED SECTION 7 OF FIFRA. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(a)(2)(L) OF FIFRA ON THREE SEPARATE OCCASIONS.

Defendants (1)

• UNITED PHOSPHORUS, INC.Named in complaintNamed in settlement

Facilities (1)

• UNITED PHOSPHOROUS, INC.

  630 FREEDOM BUSINESS CENTER, KING OF PRUSSIA, PA, 19406

  Registry ID: 110043713265

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• UNITED PHOSPHURUS INC.entered 2017-02-21

  Primary law: FIFRA

  Federal penalty: $74,400

Timeline (4 milestones)

• 2017-02-21Final Order Issued
• 2017-02-21Complaint Filed/Proposed Order
• 2017-02-24Enforcement Action Data Entered
• 2017-03-28Enforcement Action Closed