EPA v. ENSYSTEX II, INC.

Case summary

7/27/17 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ORDER STATES: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 160 CYLINDERS OF THE ACTIVE INGREDIENT PESTICIDE PRODUCT, ZYTHOR (EPA REGISTRATION NUMBER 81824-1) EACH WEIGHING 125 POUNDS, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE O THE TWO OPTIONS BELOW: A. THE PRODUCT MUS EITHER BE EXPORTED OUT OF HE COUNTRY IMMEDIATELY IN COMPLIANCE WITH FIFRA: OR B. THE IMPORTER MUST TAKE THE FOLLOWING STEPS: I. THE MISBRANDED PRODUCT MUST BE PROPERLY RELABELED IN ACCORDANCE WITH FIFRA REQUIREMENTS AT ENSYSTEX II, INC. 925 EDWARDS ROAD, FORT PIERCE, FLORIDA 34982, WHICH IS A FACILITY THAT IS AN EPA-REGISTERED PRODUCER ESTABLISHMENT; AND II. PROOF OF THE RELATIONSHIP MUST BE PROVIDED TO THE EPA (PHOTOGRAPHS ARE ACCEPTABLE), ALONG WITH A CERTIFICATION FROM THE EXSYSTEX II'S CHAIRMAN OR OTHER AUTHORIZED OFFICIAL OF THE COMPANY STATING THAT THE RELABELING HAS BEEN COMPLETED. PROOF MUST BE SUBMITTED TO THE EPA WITHIN SEVEN (7) DAYS OF THE DATE OF COMPLETION OF THE RELABELING. AN INSPECTOR OF THE EPA OR AN AUTHORIZED AGENT OF THE EPA MAY INSPECT THE SHIPMENT TO VERIFY THAT THE PRODUCT HAS BEEN BROUGHT INTO COMPLIANCE.

Defendants (1)

• ENSYSTEX II, INC.Named in settlement

Facilities (1)

• ENSYSTEX II, INC.

  2175 VILLAGE DRIVE, FAYETTEVILLE, NC, 28304

  Registry ID: 110067241087

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• ENSYSTEX II, INC.entered 2017-07-27

  Primary law: FIFRA

Timeline (2 milestones)

• 2017-07-27Final Order Issued
• 2017-09-19Enforcement Action Data Entered