EPA v. EXCELAG CORP USA (EXCEL AG)

Case summary

8/15/19 - STOP SALE, USE, OR REMOVAL ORDER. EXCELAG IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 5 DRUMS OF THE UNREGISTERED PESTICIDE PRODUCT GA3 90% TC, OR 3 DRUMS OF THE UNREGISTERED PESTICIDE PRODUCT 6-BA 99% TC CURRENTLY BEING HELD AT EXCEL AG'S EPA-REGISTERED FACILITY, AS REFERENCED IN SECTION 1 OF THE SSURO, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: A. THE DRUMS MUST EITHER BE EXPORTED OUT OF THE COUNTRY OR DESTROYED IMMEDIATELY IN COMPLIANCE WITH FIFRA; OR B. EXCELAG MUST TAKE THE FOLLOWING STEPS: - THE 8 DRUMS OF UNREGISTERED PETICIDE THAT ARRIVED UNDER ENTRY NUMBR AM1-02223816, MUST BE RELABELED TO INCLUDE PRECAUTIONARY STATEMENTS, AN INGREDIENT STATEMENT, THE NAME OF THE PESTICIDE, NET WEIGHT, A STATEMENT THAT THE PESTICIDE IS NOT REGISTERED FOR USE IN THE U.S. AND THE NAME, ADDRESS, AND EPA ESTABLISHMENT NUMBER OF EXCEL AG'S FACILITY (EPA ESTABLISHMENT NUMBER 83152-FL-1). WITHIN 48 HOURS AFTER COMPLETION OF THE RELABELING OF THE MISBRANDED DRUMS, EXCELAG MUST SUBMIT TO EPA LEGIBLE PHOTOGRAPHS OF THE RELABELED DRUMS ALONG WITH A CERTIFICATION FROM EXCELAG'S CHIEF EXECUTIVE OFFICER OR OTHER AUTHORIZED OFFICIAL OF THE COMPANY STATING THAT THE RELABELING HAS BEEN COMPLETED AND IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SSURO AND FIFRA.

Defendants (1)

• EXCELAG CORP USANamed in complaintNamed in settlement

Facilities (1)

• EXCEL AG CORP

  7300 N KENDALL DR STE 521, MIAMI, FL, 33156

  Registry ID: 110038293316

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• EXCELAG CORP USA (EXCEL AG)entered 2019-08-15

  Primary law: FIFRA

Timeline (2 milestones)

• 2019-08-15Final Order Issued
• 2019-09-04Enforcement Action Data Entered