EPA v. NICHINO AMERICA, INC.

Case summary

4/18/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON AUGUST 31, 2018, THE EPA ISSUED A SSURO TO THE RESPONDENT ON AUGUST 31, 2018. THE SSURO PROHIBITED THE RESPONDENT FROM FURTHER SELLING, DISTRIBUTING, USING OR REMOVING THE SHIPMENT OF PQZ PYRIFLUQUINAZON INSECTICIDE, BUT ALSO PROVIDED THE RESPONDENT AN OPPORTUNITY TO OCME INTO COMPLIANCE BY RELABELING THE DRUMS OF MISBRANDED PESTICIDDE AT AN EPA-REGISTERED ESTABLISHMENT. ON OCTOBER 2, 2018, THE EPA WITHDREW THE SSURO AFTER VERIFYING THE PESTICIDE PRODUCT PQZ PYRIFLUQUINAZON INSECTICIDE HAD BEEN PROPERLY RELABELED AND WAS IN COMPLIANCE WITH FIFRA. BY IMPORTING THE MISLABELED PESTICIDE PRODUCT, THE RESPONDENT DISTRIBUTED AND MISBRANDED PESTICIDE, IN VIOLATION OF SECTION 12(a)(1)(E) OF FIFRA. THE EPA ALLEGES THAT THE RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA, ON ONE OCCASION.

Defendants (1)

• NICHINO AMERICA, INC.Named in complaintNamed in settlement

Facilities (1)

• NICHINO AMERICA INC.

  4550 NEW LINDEN HILL ROAD, WILMINGTON, DE, 19808

  Registry ID: 110018929622

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• NICHINO AMERICA, INC.entered 2019-04-18

  Primary law: FIFRA

  Federal penalty: $4,400

Timeline (4 milestones)

• 2019-04-18Complaint Filed/Proposed Order
• 2019-04-18Final Order Issued
• 2019-04-19Enforcement Action Data Entered
• 2019-05-28Enforcement Action Closed