EPA v. VALENT U.S.A. LLC

Case summary

3/26/19 - NOTICE OF REFUSAL OF ADMISSION. VIOLATIONS: FIFRA 12(a)(1)(A) - DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELLED OR SUSPENDED, EXCEPT TO THE EXTENT THAT DISTRIBUTION OR SALE OTHERWISE HAS BEEN AUTHORIZED BY THE ADMINISTRATOR UNDER FIFRA. THERE WAS NEITHER SUFFICIENT INFORMATION TO DETERMINE IF THE UNREGISTERED PESTICIDE PRODUCT DISTRIBUTED OR SOLD IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 172.3, PERTAINING TO THE USE OF A PESTICIDE FOR WHICH AN EXPERIMENTAL USE PERMIT IS NOT REQUIRED, NOR WAS THE PRODUCT LABELLED IN ACCORDANCE WITH 40 CFR 156. SPECIFICALLY AS IT RELATES TO 40 CFR 156, THE ACTIVE INGREDIENT ON THE LABEL REPRESENTS NEITHER AN ACCEPTED COMMON NAME NOR A CHEMICAL NAME OF THE PRODUCT. FIFRA 12(a)(2)(N) - FAILURE TO FILE REPORTS REQUIRED BY THE ACT. THE IMPORTER OR THE IMPORTER'S AGENT DID NOT FILE AN ELECTRONIC ALTERNATIVE TO THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (NOA) EPA FORM 3540-1. THE LABELS COPIES INDICATED THE PRODUCT HAD BEEN PACKAGED IN QUANTITIES OF 500 mL AND 1,000 mL, BUT ONLY ONE NOA WAS SUBMITTED TO EPA REGION 4.

Defendants (1)

• VALENT USA LLCNamed in settlement

Facilities (1)

• VALENT USA LLC - MSARC

  3800 OLD LELAND ROAD, LELAND, MS, 38756

  Registry ID: 110067116631

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• VALENT U.S.A. LLCentered 2018-03-26

  Primary law: FIFRA

Timeline (3 milestones)

• 2018-03-26Final Order Issued
• 2019-03-26Enforcement Action Closed
• 2019-09-19Enforcement Action Data Entered