EPA v. UNITED PHOSPHORUS, INC.

Case summary

10/12/18 - STOP SALE, USE, OR REMOVAL ORDER (SSURO) ISSUED. ON OR ABOUT SEPTEMBER 18, 2018, THE EPA REGION 4 NOTIFIED UNITED BY PHONE THAT A PERMIT TO TRANSFER COULD NOT BE ISSUED BECAUSE THE PRODUCT HAD ALREADY RECEIVED A CBP RELEASE. ON SEPTEMBER 26, 2018, THE EPA REGION 4 NOTIFIED UNITED THAT THE ONLY OPTION AVAILABLE TO RELABEL THE ISOTANKS WAS TO DO SO AT AN EPA-REGISTERED ESTABLISHMENT UNDER A SSURO. ON SEPTEMBER 27, 2018, UNITED NOTIFIED EPA REGION 4 THAT THEY WOULD LIKE TO PROCEED WITH THE SSURO OPTION. THE SIX ISOTANKS OF THE PESTICIDE PRODUCT ASULOX HERBICIDE THAT WERE SHIPPED TO THE UNITED STATES BY UNITED, WHICH ARRIVED ON AUGUST 6, 2-18, AND WHICH ARE CURRENTLY BEING HELD A THE TRUCKING COMPANY'S YARD IN MIAMI, FLORIDA, ARE MISBRANDED AND FURTHER SALE OR DISTRIBUTION OF THE SIX ISOTANKS OF THE PESTICIDE IN THE UNITED STATES, INCLUDING MOVING THEM TO AN EPA-REGISTERED PRODUCER ESTABLISHMENT FOR RELABELING, BY UNITED OR ANY OTHER PERSON, EXEMPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATED FIFRA. UNITED IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE SIX ISOTANKS OF ASULOX HERBICIDE FROM THE SHIPMENT THAT ARRIVED AT THE PORT OF MIAMI ON OR AROUND AUGUST 6, 2018, THAT ARE CURRENTLY BEING HELD AT A TRUCKER'S YARD IN MIAMI, FLORIDA, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: a. THE MISBRANDED ISOTANKS MUST EITHER BE EXPORTED OUT OF THE COUNTRY OR DESTROYED IMMEDIATELY IN COMPLIANCE WITH FIFRA; OR b. UNITED MUST TAKE THE FOLLOWING STEPS: i. THE MISBRANDED ISOTANKS MUST BE PROPERLY RELABELED IN ACCORDANCE WITH FIFRA REQUIREMENTS AT QUALITY CONTAINER TRANSPORT, 7555 NW 82ND PLACE, MIAMI, FL 33166. 1. WITHIN 48 HOURS AFTER COMPLETION OF RELABELING, UNITED MUST SUBMIT TO THE EPA PICTURES OF THE RE-LABELED ISOTANKS ALONG WITH A CERTIFICATION FROM THE CEO OF THE COMPANY OR ANOTHER AUTHORIZED OFFICIAL OF THE COMPANY STATING THAT THE RELABELING HAS BEEN COMPLETED AND IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SSURO AND FIFRA. ii. THE EPA MAY DECIDE TO CONDUCT AN INSPECTION AT QUALITY CONTAINER TRANSPORT TO CONFIRM AND VERIFY THA THE ISOTANKS HAVE BEEN RELABELED IN COMPLIANCE WITH THE SSURO AND FIFRA. UNITED SHALL NOT COMMENCE ANY SALE, USE, REMOVAL OR DISTRIBUTION OF THE ISOTANKS OF ASULOX HERBICIDE UNLESS: (1) UNITED 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.

Defendants (1)

• UNITED PHOSPHORUS, INC.Named in settlement

Facilities (1)

• UNITED PHOSPHOROUS, INC.

  630 FREEDOM BUSINESS CENTER, KING OF PRUSSIA, PA, 19406

  Registry ID: 110043713265

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• UNITED PHOSPHORUS, INC.entered 2018-10-12

  Primary law: FIFRA

Timeline (2 milestones)

• 2018-10-12Final Order Issued
• 2018-11-02Enforcement Action Data Entered