EPA v. SUMMIT AGRO USA LLC

Case summary

10/9/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,100 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR AROUND FEB 22,2019, THE LICENSED CUSTOMS BROKER JAMES J. BOYLE & CO., FILED ONE ENTRY VIA THE CBP ACE SYSTEM AS ENTRY NUMBER 221-36466442 ON BEHALF OF SUMMIT FOR THE IMPORTATION OF TWO SHIPMENTS, EACH SHIPMENT CONTAINING 20 SUPERSACKS OF THE IMPORTED PESTICIDE PRODUCT TECHNICAL SULFENTRAZONE, AND EACH SUPERSACK WEIGHING 500 kg. THE INFO PROVIDED TO EPA THRU THE CBP ACE SYSTEM INDICATED THAT THE SHIPMENTS WERE SCHEDULED TO ARRIVE INTO THE PORT OF JACKSONVILLE, FL, ON FEB 22, 2019. UPON REVIEW OF THE PRODUCT LABEL THAT WAS UPLOADED INTO THE ACE SYSTEM BY THE BROKER, EPA DETERMINED THAT THE LABEL INCLUDED INCORRECT INFO THAT WAS NOT COMPLIANT WITH THE EPA MASTER LABEL. MORE SPECIFICALLY, THE STORAGE AND DISPOSAL SECTION OF THE EPA-MASTER LABEL INCLUDES SEPARATE DIRECTIONS FOR THE DISPOSAL AND REUSE OF PLASTIC LINED CONTAINERS AND SUPERSACKS; HOWEVER, THE THE STORAGE AND DISPOSAL SECTION OF THE LABEL ON THE IMPORTED SUPERSACKS OF TECHNICAL SULFENTRAZONE, THERE WERE INSTRUCTIONS FOR REUSE/DISPOSAL OF DRUMS ONLY - NONE FOR REUSE/DISPOSAL OF SUPERSACKS. ON MARCH 8, 2019, EPA INFORMED SUMMIT OF THE FOLLOWING OPTIONS: (1) EXPORT OR DESTROY THE SUPERSACKS; (2) RELABEL THE SUPERSACKS AT AN EPA-REGISTERED ESTABLISHMENT UNDER A STOP SALE, USE, OR REMOVAL ORDER (SSURO); OR (3) RELABEL THE SUPERSACKS AT A BONDED WAREHOUSE THAT IS AN EPA-REGISTERED ESTABLISHMENT UNDER A PERMIT TO TRANSFER. ON MARCH 11, 2019, SUMMIT ADVISED EPA THAT THE COMPANY WISHED TO PROCEED WITH OPTION 2 TO RELABEL THE SUPERSACKS UNDER A SSURO. ON MAR 22, 2019, EPA ISSUED A SSURO (SEE DOCKET NUMBER 04-2019-3261) PROHIBITING RESPONDENT FROM FURTHER SELLING, DISTRIBUTING, USING OR REMOVING THE SUPERSACKS OF TECHNICAL SULFENTRAZONE, BUT ALSO PROVIDED RESPONDENT AN OPPORTUNITY TO COME INTO COMPLIANCE BY RELABLELING THE SUPERSACKS AT AN EPA-REGISTERED ESTABLISHMENT. ON MAY 17, 2019, EPA TERMINATED THE SSURO AFTER VERIFYING THAT THE SUPERSACKS HAD BEEN PROPERLY RELABELED AND WERE IN COMPLIANCE WITH FIFRA.

Defendants (1)

• SUMMIT AGRO USA LLCNamed in complaintNamed 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 2019-10-09

  Primary law: FIFRA

  Federal penalty: $4,100

Timeline (4 milestones)

• 2019-10-09Final Order Issued
• 2019-10-09Complaint Filed/Proposed Order
• 2019-11-15Enforcement Action Closed
• 2019-12-19Enforcement Action Data Entered