EPA v. ATTICUS, LLC

Case summary

6/26/19 - CONSENT AGREEMENT TO FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT OCT 11, 2018, THE LICENSED CUSTOMS BROKER W.N. EPSTEIN & CO., INC. SUBMITTED AN NOA CONCURRENT WITH THE FILING OF ENTRY DOCUMENTATION VIA THE CBP'S ACE DATA PROCESSING SYSTEM ON BEHALF OF ATTICUS FOR THE IMPORTATION OF ONE SHIPMENT, UNDER ENTRY NUMBER 323-38050480, OF THE PESTICIDE BENTAZON 4 HERBICIDE (EPA REG NO 83520-26) WHICH CONTAINED A TOTAL OF 56 DRUMS, EACH DRUM CONTAINING 264 GALLONS. THE ACE ENTRY PRESENTED TO EPA AS DESCRIBED ABOVE, NOTIFIED THE EPA THAT THE PESTICIDE ENTERED THE U.S. THRU THE PORT OF LONG BEACH, CA, AND WAS ULTIMATELY DESTINED FOR THE PORT OF ATLANTA, GA. A COPY OF THE PRODUCT LABEL UPLOADED BY EPSTEIN INTO THE ACE SYSTEM FOR THE SHIPMENT OF THE ABOVE-REFERENCED PESTICIDE DID NOT FULLY MATCH THE PESTICIDE'S MOST CURRENT EPA-APPROVED PESTICIDE MASTER LABEL. MORE SPECIFICALLY, THE LABEL WAS MISSING INFO UNDER PERSONAL PROTECTIVE EQUIPMENT, ENGINEERING CONTROL, USER SAFETY PRECAUTIONS, AND DIRECTIONS FOR USE. ON OCT 12, 2018, EPA NOTIFIED EPSTEIN BY EMAIL THAT THE SHIPMENT SHOULD BE HELD INTACT AT THE PORT OF LONG BEACH AND NOT MOVED OR FURTHER DISTRIBUTED UNTIL FURTHER NOTICE. BASED ON ITS DETERMINATION THAT DRUMS OF PESTICIDE WERE MISBRANDED, THE EPA DENIED ENTRY OF THE SHIPMENT OF THE PESTICIDE PRODUCT BENTAZON 4 HERBICIDE AND ON OCT 15, 2018, EMAILED A NOTICE OF REFUSAL OF ADMISSION TO ATTICUS AND EPSTEIN THAT DECLINED TO ALLOW THE MISBRANDED PESTICIDE TO BE USED, SOLD, OR DISTRIBUTED IN THE U.S. ON OR AROUND OCT 15, 2018, THE EPA WAS CONTACTED BY ATTICUS VIA PHONE INQUIRING ABOUT THE OPPORTUNITY TO POTENTIALLY RELABEL THE DRUMS. THE EPA OFFERED ATTICUS THE FOLLOWING OPTIONS: - MOVE THE SHIPMENT UNDER A CBP PERMIT-TO-TRANSFER TO A CBP-BONDED WAREHOUSE WITH AN EPA PRODUCER ESTABLISHMENT NUMBER WHERE THE RELABEL COULD TAKE PLACE; - MOVE THE SHIPMENT UNDER A STOP SALE, USE, OR REMOVAL ORDER (SSURO) ISSUED BY EPA TO AN EPA-REGISTERED PRODUCER ESTABLISHMENT. ON OR AROUND OCT 16, 2018, ATTICUS NOTIFIED THE EPA VIA EMAIL THAT THE SHIPMENT HAD BEEN DISCHARGED ON OR ABOUT OCT 16, 2018 FROM THE PORT OF UNLADING IN LONG BEACH, CA, AND WAS BEING SHIPPED BY RAIL, ESTIMATED TO ARRIVE AT THE PORT OF ATLANTA ON OR AROUND OCT 23, 2018. ON OCT 23, 2019, ATTICUS NOTIFIED EPA VIA EMAIL THAT IT WANTED TO PROCEED UNDER A SSURO. ON NOV 7, 2018, EPA ISSUED A SSURO TO ATTICUS WHICH PROHIBITED FURTHER SELLING, DISTRIBUTING, USING OR REMOVING THE SHIPMENT OF BENTAZON 4 HERBICIDE, BUT ALSO PROVIDED ATTICUS AN OPPORTUNITY TO COME INTO COMPLIANCE BY RELABELING THE DRUMS OF MISBRANDED PESTICIDE AT AN EPA-REGISTERED ESTABLISHMENT. AN AMENDMENT TO THE SSURO WAS ISSUED ON NOV 20, 2018, TO CORRECT THE DOCKET NUMBER TO FIFRA-04-2019-3254 FROM FIFRA-04-2018-3254. ON DEC 17, 2018, EPA VACATED THE SSURO AFTER VERIFYING THE PESTICIDE PRODUCT BENTAZON 4 HERBICIDE HAD BEEN PROPERLY RELABELED AND WAS IN COMPLIANCE WITH FIFRA. EPA ALLEGES THAT BY IMPORTING THE MISBRANDED PESTICIDE AS DESCRIBED ABOVE IN PARA 14, AND FURTHER MOVING IT FROM THE PORT OF LONG BEACH TO THE PORT OF ATLANTA, ATTICUS DISTRIBUTED A MISBRANDED PESTICIDE ON TWO OCCASIONS, IN VIOLATION OF FIFRA 12(a)(1)(E).

Defendants (1)

• ATTICUS, LLCNamed in complaintNamed in settlement

Facilities (1)

• ATTICUS LLC

  5000 CENTRE GREEN WAY STE 100, CARY, NC, 27513

  Registry ID: 110070226157

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• ATTICUS, LLCentered 2019-06-25

  Primary law: FIFRA

  Federal penalty: $3,500

Timeline (4 milestones)

• 2019-06-25Complaint Filed/Proposed Order
• 2019-06-25Final Order Issued
• 2019-07-10Enforcement Action Data Entered
• 2019-09-18Enforcement Action Closed