EPA v. AMVAC CHEMICAL CORPORATION

Case summary

2/13/2020 - STOP SALE, USE OR REMOVAL ORDER ISSUED. ON OR ABOUT SEPTEMBER 27, 2019, C.H. ROBINSON WORLDWIDE, INC. (CHR), THE LICENSED BROKER FOR AMVAC, FILED A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (NOA) IN THE U.S. CUSTOMS AND BORDER PROTECTIONS (CBP) AUTOMATED COMMERCIAL ENVIRONMENT (ACE) SYSTEM FOR THE IMPORTATION OF 14,000 JUGS OF THE PESTICIDE PARAZONE 3SL HERBICIDE, EACH CONTAINING 2.5 GALLONS, WHICH ARRIVED AT THE PORT OF SAVANNAH, GA OR OR AROUND OCT 4, 2019. THE JUGS OF PRODUCT WERE SHIPPED IN TEN SHIPPING CONTAINERS. UPON REVIEW OF A COPY OF THE LABEL FOR PARAZONE 3SL HERBICIDE UPLOADED INTO THE ACE SYSTEM BY CHR AROUND OCT 8, 2019, AND REPRESENTED BY AMVAC AS BEING THE LABEL THAT WAS ON TE IMPORTED JUGS, EPA DETERMINED THAT THE PARAZONE 3SL HERBICIDE WAS MISBRANDED. SPECIFICALLY, THE PRODUCT WAS MISSING CERTAIN REQUIRED LANGUAGE IN THE USE STATEMENT, PRECAUTIONARY STATEMENTS AND DIRECTIONS FOR USE FROM THE NOV 14, 2018, EPA-APPROVED LABELING. IN A LETTER ACCOMPANYING THE NOV 14, 2018, EPA-APPROVED LABELING, EPA ADVISED AMVAC THAT PURSUANT AT 40 CFR 152.130(d), THE NEXT PRINTING OF PARAZONE 3SL HERBICIDE MUST USE THE NOVEMBER 14, 2018 LABELING. ON OCT 18, 2019, AMVAC ADVISING THE EPA BY EMAIL THAT, CONTRARY TO THE INSTRUCTIONS IN THE NOVEMBER 14, 2018, LETTER, THE LABELS AFFIXED TO THE JUGS OF PARAZONE 3SL HERBICIDE HAD BEEN PRINTED BY THE FOREIGN MANUFACTURER AFTER THIS DATE (IN EITHER MARCH OR AUG OF 2019) BUT WERE THE PRODUCT'S PREVIOUSLY APPROVED LABELING FROM AUG 12, 2014. ON OCT 21, 2019, EPA INFORMED AMVAC OF THE MISLABELING AND REQUESTED THAT THE COMPANY PROVIDE EPA WITH INFORMATION CONCERNING ALL ADD'L SHIPMENTS OF PARAZONE 3SL HERBICIDE EXPECTED TO BE ARRIVING SOON IN THE U.S. THAT CONTAINED THE SAME MISBRANDED LABEL. EPA ALSO ADVISED AMVAC THAT THE SHIPMENTS OF PRODUCT WOULD NEED TO EITHER BE EXPORTED OR RELABELED AT AN EPA-REGISTERED ESTABLISHMENT PURSUANT TO A SSURO. ON OCT 21, 2019, AMVAC ADVISED THE EPA THAT IT WANTED TO RELABEL THE PRODUCT PURSUANT TO A SSURO, AND ON OCT 24, 2019, AMVAC PROPOSED THAT THE RELABELING BE CONDUCTED AT OUTSOURCE LOGISTICS' EPA-REGISTERED PRODUCER ESTBLISHMENT LOCATED AT 129 OAKRIDGE CHURCH ROAD, TIFTON, GA.

Defendants (1)

• AMVAC CHEMICAL CORPORATIONNamed in settlement

Facilities (1)

• AMVAC CHEMICAL CORP.

  4695 MACARTHUR COURT, STE 1250, NEWPORT BEACH, CA, 92660-

  Registry ID: 110023165849

Statutes cited

• FIFRA 12A2E — Advertise without Classification

Enforcement conclusions (1)

• AMVAC CHEMICAL CORPORATIONentered 2020-02-13

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-02-13Final Order Issued
• 2020-03-25Enforcement Action Data Entered
• 2021-03-12Enforcement Action Closed