EPA v. SUMMIT AGRO USA LLC

Case summary

3/22/19 - STOP SALE, USE OR REMOVAL ORDER ISSUED. ORDER: SUMMIT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 40 SUPERSACKS OF THE IMPORTED PESTICIDE PRODUCT TECHNICAL SULFENTRAZONE THAT ARRIVED AT THE PORT OF JACKSONVILLE, FL, ON OR ABOUT FEB 26, 2019, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: A. THE MISBRANDED SUPERSACKS MUST EITHER BE EXPORTED OUT OF THE COUNTRY OR DESTROYED OR B. SUMMIT MUST TAKE THE FOLLOWING STEPS: (i) THE MISBRANDED SUPERSACKS MUST BE PROPERLY RELABELED IN ACCORDANCE WITH FIFRA REQUIREMENTS AT OUTSOURCE LOGISTICS, VALDOSTA, GA. WITHIN 48 HOURS AFTER COMPLETION OF RELABELING THE SUPERSACKS, SUMMIT MUST SUBMIT TO EPA REGION 4, LEGIBLE PICTURES OF THE RELABELED SUPERSACKS 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) EPA REGION 4 MAY DECIDE TO CONDUCT AN INSPECTION AT OUTSOURCE LOGISTICS TO CONFIRM AND VERIFY THAT THE SUPERSACKS THAT HAVE RELABELED IN COMPLIANCE WITH THIS SSURO AND FIFRA.

Defendants (1)

• SUMMIT AGRO USA LLCNamed in settlement

Facilities (1)

• SUMMIT AGRO USA LLC

  240 LEIGH FARM ROAD, SUITE 2, DURHAM, NC, 27707

  Registry ID: 110070526205

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• SUMMIT AGRO USA LLCentered 2019-03-22

  Primary law: FIFRA

Timeline (3 milestones)

• 2019-03-22Final Order Issued
• 2019-04-02Enforcement Action Data Entered
• 2019-05-17Enforcement Action Closed