EPA v. SHIKOKU INTERNATIONAL CORPORATION

Case summary

3/12/19-STOP SALE, USE, OR REMOVAL ORDER ISSUED. ORDER: SHIKOKU IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 234 BAGS OF NEO-CHLOR 55 EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS STATES BELOW: A. THE MISBRANDED BAGS MUST EITHER BE EXPORTED OUT OF THE COUNTRY OR DESTROYED IMMEDIATELY IN COMPLIANCE WITH FIFRA: OR B. THE IMPORTER MUST TAKE THE FOLLOWING STEPS: (i) PROPERLY RELABEL ALL 234 BAGS AT EPA-REGISTERED ESTABLISHMENTS BY AFFIXING TO EACH OF THE BAGS CONTAINING NEO-CHLOR 55 THE CORRECT LABEL THAT FULLY MATCHES THE EPA-APPROVED, MASTER LABEL, INCLUDING BUT NOT LIMITED TO, THE PRECAUTIONARY LANGUAGE THAT WAS MISSING AS NOTED IN PARA 5 OF THIS SSURO. (ii) WITHIN 48 HOURS OF COMPLETION OF THE RELABELING OF THE MISBRANDED BAGS, SHIKOKU MUST SUBMIT TO EPA LEGIBLE IMAGES OF THE RELABELED BAGS ALONG WITH A CERTIFICATION FROM SHIKOKU'S CEO OR OTHER AUTHORIZED OFFICIAL OF THE COMPANY CERTIFYING THAT THE RELABELING HAS BEEN COMPLETED IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SSURO AND FIFRA. (iii) EPA MAY DECIDE TO CONDUCT AN INSPECTION AT EACH OF THE EPA-REGISTERED FACILITIES WHERE THE BAGS WILL BE RELABELED TO CONFIRM AND VERIFY THAT THE 234 BAGS HAVE BEEN RELABELED IN COMPLIANCE WITH THIS SSURO AND FIFRA. 3/22/19 - AMENDMENT TO SSURO ISSUED. THE ORIGINAL SSURO AUTHORIZED SHIKOKU TO RELABEL 234 BAGS (8 SHIPMENTS) OF THE MISBRANDED PESTICIDE NEO-CHLOR 55. ON MAR 1, 2019, SHIKOKU REQUESTED PERMISSION FROM EPA TO MOVE 3 OF THE 5 SHIPMENTS BECAUSE OF INSUFFICIENT STORAGE SPACE AT THE RELABELING FACILITIES. EPA IS AMENDING THE SSURO ISSUED ON MARCH 13, 2019, TO AUTHORIZE SHIKOKU TO MOVE THE FOLLOWING SHIPMENTS AFTER RELABELING IS COMPLETED IN COMPLIANCE WITH FIFRA AND THIS SSURO: A. TWO SHIPMENTS WILL BE MOVED TO KASSOUNI MFG (KMI). B. ONE SHIPMENT WILL BE MOVED TO G&A WAREHOUSE IN BENSALEM, PA. AFTER RELABELING THE 156 BAGS REFERENCED ABOVE AND SUBMITTING PROOF OF RELABELING AND CERTIFICATION AS REQUIRED BY THE SSURO, SHIKOKU MAY TRANSFER THE BAGS FOR STORAGE AT THE FACILITIES IDENTIFIED ABOVE ONLY AFTER IT HAS RECEIVED WRITTEN APPROVAL FROM EPA.

Defendants (1)

• SHIKOKU INTERNATIONAL CORPORATIONNamed in settlement

Facilities (1)

• SHIKOKU INTERNATIONAL CORPORATION

  301 N RAMPART ST STE C, ORANGE, CA, 92868

  Registry ID: 110011646237

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (2)

• SHIKOKU INTERNATIONAL CORPORATIONentered 2019-03-12

  Primary law: FIFRA

• SHIKOKU INTERNATIONAL CORPORATIONentered 2019-03-22

  Primary law: FIFRA

Timeline (3 milestones)

• 2019-03-22Amended Administrative Order
• 2019-03-22Final Order Issued
• 2019-04-03Enforcement Action Data Entered