EPA v. ADVANCED BIOCIDE TECHNOLOGIES

Case summary

1/22/2021 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. BETWEEN SEPTEMBER 9, 2020 AND OCTOBER 21, 2020, TEAMWORK CUSTOMS HOUSE BROKER, INC. (HEREIN TEAMWORK CUSTOMS), THE LICENSED CUSTOMS BROKER FOR ADVANCED BIOCIDE, INCORRECTLY FILED FOUR ENTRIES IN THE CBP ACE SYSTEM ON BEHALF OF ADVANCED BIOCIDE FOR THE IMPORTATION OF SHIPMENTS OF REGISTERED PESTICIDE PRODUCT BIOTAB 7, ARRIVED AT THE PORT OF MIAMI, FLORIDA UNDER ENTRY NUMBERS 9SB-00132592, 9SB-00133210, SB-00134028, AND 9SB-00134754 BETWEEN SEPTEMBER 10, 2020 AND OCTOBER 15, 2020. ON OR AROUND DECEMBER 29, 2020, TEAMWORK CUSTOMS INCORRECTLY FILED AN ADDITIONAL ENTRY IN THE CBP ACE SYSTEM ON BEHALF OF ADVANCED BIOCIDE FOR REGISTERED PESTICIDE PRODUCT BIOTAB 7 ARRIVED AT THE PORT OF MIAMI, FLORIDA UNDER ENTRY NUMBER D97-13168745 ON OR AROUND DECEMBER 17, 2020. AFTER REVIEWING A COPY OF THE LABEL THAT TEAMWORK CUSTOMS PROVIDED, AS BEING REPRESENTATIVE OF THE BIOTAB 7 LABEL ON THE POUCHES, THE EPA DETERMINED THAT THE LABEL DID NOT FULLY MATCH THE CURRENT EPA-APPROVED MASTER LABEL. ON DECEMBER 9, 2020, ADVANCED BIOCIDE TECHNOLOGIES REQUESTED PERMISSION TO RELABEL THE PRODUCTS IN THE SHIPMENTS IN ORDER TO REMOVE THE ALLEGED FALSE AND MISLEADING CLAIM AND TO BRING THE LABEL INTO COMPLIANCE WITH FIFRA. ON DECEMBER 11, 2020, THE EPA NOTIFIED ADVANCED BIOCIDE THAT THE PESTICIDE PRODUCT COULD BE RELABELED TO REMOVE THE CLAIMS. THE EPA DETERMINED THE BOXES OF BIOTAB 7 PESTICIDE PRODUCTS THAT WERE IMPORTED INTO THE UNITED STATES BY ADVANCED BIOCIDE TECHNOLOGIES AND THE BOXES THAT ARE EXPECTED TO ARRIVE IN JANUARY 2021 ARE MISBRANDED AND FURTHER SALE OR DISTRIBUTION OF THIS PESTICIDE IN THE UNITED STATES, INCLUDING MOVING THE PRODUCT TO ANY OTHER FACILITY FOR RELABELING, EXCEPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATE FIFRA.

Defendants (1)

• ADVANCED BIOCIDE TECHNOLOGIESNamed in settlement

Facilities (1)

• ADVANCED BIOCIDE TECHNOLOGIES

  523 SAWGRASS CORPORATE PKWY, SUNRISE, FL, 33325

  Registry ID: 110070870248

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• ADVANCED BIOCIDE TECHNOLOGIESentered 2021-01-22

  Primary law: FIFRA

Timeline (2 milestones)

• 2021-01-22Final Order Issued
• 2021-04-13Enforcement Action Data Entered