EPA v. RADARCAN CORPORATION

Case summary

5/25/18 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ORDER REQUIRES: RADARCAN IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 8,000 R-101 DEVICES, 1,200 R-104 DEVICES, 5,000 R-106 DEVICES, 5,000 R-200 DEVICES OR 2,000 R-301 DEVICES CURRENTLY BEING HELD UNDER CBP-BOND IN CHARLOTTE, NC, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: A. THE R-101, R-104, R-106, R-200, AND R-301 DEVICES MUST EITHER BE DESTROYED OR EXPORTED OUT OF THE COUNTRY IMMEDIATELY IN COMPLIANCE WITH FIFRA; OR: B. RADARCAN MAY ARRANGE TO TRANSPORT THE SHIPMENT OF THE R-101, R-104, R-106, R-200 AND R-301 DEVICES FROM THE PORT OF CHARLOTTE TO ITS EPA-REGISTERED FACILITY LOCATED AT 338 SOUTH SHARON AMITY ROAD, #197, CHARLOTTE, NC, WHERE THEY MAY BE PROPERLY RELABELED IN ACCORDANCE WITH FIFRA AND AS DISCUSSED IN THIS SSURO. UPON ARRIVAL OF THE SHIPMENT OF DEVICES AT ITS FACILITY, RADARCAN MUST TAKE THE FOLLOWING STEPS: i. PRIOR TO RELABELING, AND WITHIN 40 HOURS AFTER THE SHIPMENT OF DEVICES ARRIVES AT ITS FACILITY, RADARCAN SHALL SUBMIT TO EPA (a) PHOTOGRAPHS AND OTHER IDENTIFYING EVIDENCE OF THE SHIPPING CONTAINERS' NUMBERS AND PHOTOGRAPHS AND OTHER IDENTIFYING EVIDENCE OF AT LEAST 5 DEVICES FROM EACH TYPE OF DEVICE IN EACH CONTAINER AND AT LEAST 5 INSTRUCTION BOOKLETS FROM EACH TYPE OF DEVICE IN EACH CONTAINER THAT SHOWS THE NON-COMPLIANT PESTICIDE PRODUCTS' LABELS AND LABELLING; AND (b) A WRITTEN CERTIFICATION FROM AUTHORIZED OFFICIALS OF RADARCAN STATING THAT THE PHOTOGRAPHS PROVIDED ARE A TRUE AND ACCURATE REPRESENTATION OF THE NON-COMPLIANT LABELS AFFIXED TO THE DEVICES AND THE INSTRUCTION BOOKLETS ACCOMPANYING THE DEVICES FOR THE 8,000 R-101 DEVICES, 1,200 R-104 DEVICES, 5,000 R-106 DEVICES, 5,000 R-200 DEVICES AND 2,000 R-301 DEVICES. ii. ONCE STEP B.1. ABOVE HAS BEEN COMPLETED, RADARCAN MAY PROCEED TO RELABEL THE 8,000 R-101 DEVICES, 1,200 R-104 DEVICES, 5,000 R-106 DEVICES, 5,000 R-200 DEVICES AND 2,000 R-301 IN ACCORDANCE WITH FIFRA. WITHIN 48 HOURS AFTER COMPLETION OF THE RELABELING, RADARCAN MUST SUBMIT TO EPA THE FOLLOWING: (a). PHOTOGRAPHS OF AT LEAST 5 DEVICES FROM EACH TYPE OF DEVICE AND AT LEAST 5 INSTRUCTION BOOKLETS FROM EACH TYPE OF DEVICE THAT SHOWS THE REVISED LABELING. (b). A WRITTEN CERTIFICATION FROM AN AUTHORIZED OFFICIAL OF RADARCAN STATING THAT THE RELABELING HAS BEEN COMPLETED, AND THAT ALL ADVERTISING INCLUDING WEBSITES HAS BEEN REVISED IN A SIMILAR MANNER; AND (c). A REVISED NOA FOR EACH DEVICES. AFTER RECEIVED THIS SSURO, RADARCAN SHALL NOT COMMENCE ANY SALE, USE, REMOVAL OR DISTRIBUTION OF HTE R-101, R-104, R-106, R-200, OR R-301 DEVICES UNLESS AND UNTIL: (1) RADARCAN IS IN COMPLIANCE WITH FIFRA AND HAS TAKEN ALL THE ACTIONS REQUIRED IN SECTION II OF THIS SSURO; AND (2) THE EPA HAS VACATED THIS SSURO. EPA OR AN AUTHORIZED AGENT OF EPA MAY INSPECT THE DEVICES AT RADARCAN'S FACILITY TO VERIFY THAT THEY HAVE BEEN PROPERLY RELABELED IN COMPLIANCE WITH FIFRA.

Defendants (1)

• RADARCAN CORPORATIONNamed in settlement

Facilities (1)

• RADARCAN CORPORATION

  11132 STONEPATH LANE, CHARLOTTE, NC, 28277

  Registry ID: 110070248123

Statutes cited

• FIFRA 12A1F — Device Misbranded
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (2)

• RADARCAN CORPORATIONentered 2018-06-01

  Primary law: FIFRA

• RADARCAN CORPORATIONentered 2018-05-25

  Primary law: FIFRA

Timeline (2 milestones)

• 2018-06-01Final Order Issued
• 2018-06-21Enforcement Action Data Entered