EPA v. WHITEHALL PRODUCTS, INC. (COVID-19)

Case summary

AUGUST 28, 2020 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(A) To sell or distribute 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. Specifically, the importer informed us that the ?anti-microbial bag? products are treated with the registered pesticide Ionpure WPA (EPA Reg. No. 73148-1). Based on the master label, Ionpure WPA is registered for use to treat plastic packaging intended to hold food ?if such use is not intended to have any antimicrobial effect in the food itself.? However, the company?s website makes claims that the ?anti-microbial bags offer a continuous kill of pathogens? and ?our resin blend provides a kill-andrekill of pathogens commonly found on food products and enhances your food safety program?. Additionally, the product is being referred to as ?M.S.T.?, this is not an approved name for Ionpure WPA (EPA Reg. No. 73148-1). ? FIFRA 12(a)(2)(N) Failure to file reports required by the Act. The importer or the importer's agent did not complete an electronic alternative to the Notice of Arrival of Pesticides and Devices (NOA) EPA Form 3540-1 filed with the entry documentation via any U.S. Customs and Border Protection (CBP) authorized electronic data interchange system.

Defendants (1)

• WHITEHALL PRODUCTS INC.Named in settlement

Facilities (1)

• WHITEHALL PRODUCTS, INC.

  1201 US HIGHWAY 301 NORTH, SUITE B, TAMPA, FL, 33619

  Registry ID: 110070836230

Statutes cited

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

Enforcement conclusions (1)

• WHITEHALL PRODUCTS, INC.entered 2020-08-28

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-08-28Final Order Issued
• 2020-08-28Enforcement Action Closed
• 2020-09-22Enforcement Action Data Entered