EPA v. PRICE SMART, INC

Case summary

NOVEMBER 17, 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 pesticide product appears to be for disinfection of surfaces but is not registered with the EPA. The label contains the following items which could be considered pesticidal and false or misleading: o Icons of use sites that include surfaces of restrooms, shopping carts, cell phones etc o Icon of crossed out germs o The nameGermisept o Keeping hands and surroundings clean is an important was to stay away from the disease? 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)

• PRICE SMART, INCNamed in settlement

Facilities (1)

• PRICE SMART, INC

  11441 NW 107TH STREET, MIAMI, FL, 33178

  Registry ID: 110070881981

Statutes cited

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

Enforcement conclusions (1)

• PRICE SMART, INCentered 2020-11-17

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-11-17Enforcement Action Closed
• 2020-11-17Final Order Issued
• 2021-01-05Enforcement Action Data Entered