EPA v. SMITHERS-OASIS OF NORTH AMERICA

Case summary

8/15/19 - 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. BASED ON THE INFORMATION PROVIDED, THE PRODUCT APPEARS TO BE A PESTICIDE INTENDED TO BE USED AS A MATERIAL PRESERVATIVE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. FIFRA 12(a)(2)(N)- FAILURE TO FILE REPORTS REQUIRED BY THE ACT. THE IMPORTER OR THE IMPORTER'S AGENT FILED NEITHER A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (NOA) EPA FORM-3450-I, NOR ITS ELECTRONIC ALTERNATIVE VIA THE U.S. CUSTOMS AND BORDER PATROL'S (CBP) AUTOMATED COMMERCIAL ENVIRONMENT (ACE).

Defendants (1)

• SMITHERS-OASIS OF NORTH AMERICANamed in settlement

Facilities (1)

• SMITHERS-OASIS CO *

  777 STOW ST, KENT, OH, 44240

  Registry ID: 110006281139

Statutes cited

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

Enforcement conclusions (1)

• SMITHERS-OASIS OF NORTH AMERICAentered 2019-08-15

  Primary law: FIFRA

Timeline (3 milestones)

• 2019-08-15Final Order Issued
• 2019-08-15Enforcement Action Closed
• 2019-09-19Enforcement Action Data Entered