EPA v. WILLOWOOD USA LLC

Case summary

10/3/16 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR ABOUT AUG 30, 2016, WILLOWOOD SUBMITTED A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (NOA) TO EPA FOR THE IMPORTATION OF A SHIPMENT OF 40 BAGS OF THE ACTIVE INGREDIENT PESTICIDE PRODUCT, WILLOWOOD ETHOFUMESATE TECHNICAL, EACH BAG WEIGHING 1102.3 POUNDS. THE NOA NOTIFIED EPA THAT WILLOWOOD ETHOFUMESATE TECHNICAL WAS SCHEDULED TO ARRIVE ON OR AROUND SEPT 9, 2016 AT THE PORT OF CHARLESTON, CHARLESTON, SC. THE NOA INCLUDED AN INACTIVE EPA FOREIGN PRODUCER ESTABLISHMENT NUMBER. ENCLOSED WITH THE NOA WAS A COPY OF THE LABEL FOR THE PESTICIDE PRODUCT BEING IMPORTED WHICH ALSO BORE THE SAME INCORRECT EPA FOREIGN PRODUCER ESTABLISHMENT NUMBER. ON SEPT 1, 2016, EPA REGION 4 INFORMED WILLOWOOD VIA EMAIL THAT THE NOA AND THE WILLOWOOD ETHOFUMESATE TECHNICAL PESTICIDE PRODUCT LABEL BORE AN INCORRECT EPA PRODUCER ESTABLISHMENT NUMBER. ON SEPT 1, 2016, WILLOWOOD CONFIRMED IN AN EMAIL TO EPA THAT THE SHIPMENT OF WILLOWOOD ETHOFUMESATE TECHNICAL CONTINES PRODUCT LABELS WHICH BEAR AN INCORRECT EPA ESTABLISHMENT NUMBER. ON OR AROUND SEPT 6, 2016, EPA PROVIDED TO WILLOWOOD THE NOA COMPLETED BY EPA. IN THAT NOA, EPA ADVISED U.S. CUSTOMS AND BORDER PROTECTION (CBP) THAT THE PESTICIDE SHIPMENT SHOULD BE DENIED DUE TO EVIDENCE INDICATING THAT THE PESTICIDE PRODUCT HAD BEEN PRODUCED IN AN UNREGISTERED FOREIGN PRODUCER ESTABLISHMENT. IN A LETTER TO EPA REGION 4 DATED SEPT 14, 2016, WILLOWOOD CONFIRMED THAT THE EPA FOREIGN PRODUCER ESTABLISHMENT NUMBER ON THE PESTICIDE PRODUCT LABEL WAS INCORRECT AND SUBMITTED DOCUMENTATION DEMONSTRATING THAT WILLOWOOD ETHOFUMESATE TECHNICAL WAS PRODUCED AT AN EPA REGISTERED FOREIGN PRODUCER ESTABLISHMENT ALONG WITH THE CORRECT NUMBER. ON SEPT 28, 2016, WILLOWOOD ACKNOWLEDGED TO EPA VIA EMAIL THAT EACH OF THE 40 BAGSOF THE PESTICIDE PRODUCT IN THE SHIPMENT BORE THE LABEL WITH THE INCORRECT FOREIGN PRODUCER ESTABLISHMENT NUMBER. EPA DETERMINED THAT THE SHIPMENT WAS MISBRANDED BASED ON THE INFO SHOWING THAT THE LABELS ON THE BAGS BORE AN INCORRECT EPA FOREIGN PRODUCER ESTABLISHMENT NUMBER. ON OR AROUND SEPT 14, 2016, WILLOWOOD AGREED TO RELABEL THE PESTICIDE PRODUCT IN ACCORDANCE WITH FIFRA. IN RESPONSE, EPA ADVISED WILLOWOOD THAT PRIOR TO ANY FURTHER SALE OR DISTRIBUTION, THE BAGS IN THE SHIPMENT MUST BE PROPERLY RELABELED AT A SITE THAT IS AN EPA REGISTERED PRODUCER ESTABLISHMENT. ORDER: WILLOWOOD IS ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 40 CONTAINERS EXCEPT IN COMPLIANCE WITH FIFRA AND SPECIFICALY IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: A. THE PRODUCT MUST EITHER BE EXPORTED OUT OF THE COUNTRY IMMEDIATELY IN COMPLIANCE WITH FIFRA; OR B. THE IMPORTER MUST TAKE THE FOLLOWING STEPS: (1) THE MISBRANDED PRODUCT MUST BE PROPERLY RELABELED AT A FACILITY THAT IS AN EPA REGISTERED PRODUCER ESTABLISHMENT LOCATED AT OR WITHIN CLOSE PROXIMITY TO THE PORT OF CHARLESTON; OR (2) PROOF OF THE RELABELING MUST BE PROVIDED TO EPA ALONG WITH A CERTIFICATION FROM THE WILLOWOOD'S CEO OR OTHER AUTHORIZED OFFICIAL OF THE COMPANY STATING THAT THE RELABELING HAS BEEN COMPLETED. PROOF MUST BE SUBMITTED TO EPA WITHIN 7 DAYS OF THE DATE OF COMPLETION OF THE RELABELING.

Defendants (1)

• WILLOWOOD USA LLCNamed in settlement

Facilities (1)

• WILLOWOOD USA, LLC

  1600 NW GARDEN VALLEY BLVD STE 120, ROSEBURG, OR, 97471

  Registry ID: 110043708137

Statutes cited

• FIFRA 12A2E — Advertise without Classification

Enforcement conclusions (1)

• WILLOWOOD USA LLCentered 2016-10-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2016-10-03Final Order Issued
• 2016-10-20Enforcement Action Closed
• 2017-03-29Enforcement Action Data Entered