EPA v. ORTHO TECH, LLC (COVID-19)

Case summary

OCTOBER 21, 2020 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(F) To sell or distribute a pesticide device that is misbranded. Specifically, the device is not labelled in accordance with FIFRA Section 2(q)(1) in that the product label includes unqualified pesticidal claims such as disinfection. Additionally, the product is not labeled with the EPA Establishment number of the manufacturer FIFRA 12(a)(2)(N) Failure to file reports required by the Act. The importer or the importer's agent did not file or did not complete: o A Notice of Arrival of Pesticide and Devices (NOA) EPA Form 3540-1 prior to the arrival of the shipment in the U.S. or; o An electronic alternative to the NOA filed with the entry documentation via any U.S. Customs and Border Protection (CBP) authorized electronic data interchange system

Defendants (1)

• ORTHO TECH, LLCNamed in settlement

Facilities (1)

• ORTHO TECH, LLC

  2487 MALL ROAD, FLORENCE, AL, 35630

  Registry ID: 110070864775

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• ORTHO TECH, LLCentered 2020-10-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-10-21Enforcement Action Closed
• 2020-10-21Final Order Issued
• 2020-10-23Enforcement Action Data Entered