EPA v. VECTORNATE USA INC

Case summary

7/15/2020 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR AROUND MARCH 21, 2020, UPS SUPPLY CHAIN SOLUTIONS, INC. (HEREIN UPS SUPPLY), THE LICENSED CUSTOMS BROKER FOR VECTORNATE, INCORRECTLY FILED AN ENTRY, IN THE CBP ACE SYSTEM ON BEHALF OF VECTORNATE FOR THE IMPORTATION OF 490 KENMORE ELITE PREMIUM REFRIGERATOR FILTERS SHOWING THAT THE FILTERS WERE NOT PESTICIDES OR PESTICIDE DEVICES. THE PRODUCT ARRIVED AT THE UPS HUB UNDER ENTRY NUMBER SCS-93666114 ON OR AROUND MARCH 20, 2020. UPON REVIEW OF THE LABEL PROVIDED OF THE KENMORE ELITE PREMIUM REFRIGERATOR FILTERS, EPA DETERMINED THAT THE FILTERS ARE ?PESTICIDE DEVICES? AS DEFINED BY SECTION 2(H) OF FIFRA, 7 U.S.C. 136H, IN THAT THEY ARE INSTRUMENTS INTENDED FOR DESTROYING PESTS. EPA DETERMINED THAT THE FILTERS WERE MISBRANDED DUE TO THE ABSENCE OF AN EPA ESTABLISHMENT NUMBER. ON MARCH 26, 2020, THE EPA INFORMED VECTORNATE AND UPS THAT THE SHIPMENT WOULD BE DENIED BECAUSE THE LABEL DID NOT INCLUDE AN EPA ESTABLISHMENT NUMBER AND AN ENTRY WAS NOT FILED. THE NOTICE OF REFUSAL OF ADMISSION (NORA) LETTER WAS ISSUED. VECTORNATE REQUESTED PERMISSION TO RELABEL THE PRODUCTS. ON APRIL 3, 2020, VECTORNATE REQUESTED PERMISSION TO RELABEL THE PRODUCTS. ON JUNE 9, 2020, THE EPA INFORMED VECTORNATE THAT THE RELABELING COULD BE CONDUCTED UNDER THE NORA LETTER AND MUST BE COMPLETED BY JUNE 23, 2020 (90 DAYS FROM THE DATE WHEN THE NORA WAS ISSUED), AND VECTORNATE NEEDED TO FILE A NEW ENTRY SHOWING THAT THE IMPORTED PRODUCT WAS A PESTICIDE DEVICE, BEFORE THE PRODUCT COULD BE RELABELED. VECTORNATE INDICATED THAT THEY WOULD BE ABLE TO COMPLETE THE RELABELING BY THAT DATE. VECTORNATE DID NOT COMPLETE THE RELABELING BY JUNE 23, 2020. ON JUNE 23, 2020, THE EPA INFORMED VECTORNATE THAT SINCE THEY FAILED TO COMPLETE THE RELABELING WITHIN THE 90 DAYS AFTER THE NORA WAS ISSUED, THEY WOULD NEED TO EXPORT THE PRODUCT OR RELABEL UNDER A SSURO. FURTHER, THE EPA FOUND THAT AN EPA ESTABLISHMENT NUMBER LISTED ON THE LABEL WAS FOR A DIFFERENT FACILITY FROM WHAT WAS NITIALLY STATED BY VECTORNATE. VECTORNATE REQUESTED THAT A SSURO BE ISSUED TO ALLOW THE PRODUCT TO BE RELABELED AT THEIR REGISTERED ESTABLISHMENT IN MAHWAH, NEW JERSEY. THE 490 KENMORE ELITE PREMIUM REFRIGERATOR FILTERS THAT WERE IMPORTED INTO THE UNITED STATES BY VECTORNATE, AS SET FORTH IN THIS SSURO, ARE MISBRANDED AS SET FORTH IN PARAGRAPH 10 ABOVE AND FURTHER SALE OR DISTRIBUTION OF THESE PESTICIDE DEVICES IN THE UNITED STATES, EXCEPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATE FIFRA.

Defendants (1)

• VECTORNATE USA INCNamed in settlement

Facilities (1)

• VECTORNATE USA INC

  10 INDUSTRIAL AVENUE, SUITE 4, MAHWAH, NJ, 07430

  Registry ID: 110070824035

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• VECTORNATE USA INCentered 2020-07-15

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-07-15Final Order Issued
• 2020-07-22Enforcement Action Data Entered
• 2020-12-08Enforcement Action Closed