EPA v. AQUAFINE CORP

Case summary

DECEMBER 8, 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?s Owner?s Manual states the product is used for disinfection but does not list the specific organisms that it is effective against. Further, the Aquafine VL Series Brochure available online states ?Chemicalfree way to safeguard water against harmful pathogens? which can be considered misleading. 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)

• AQUAFINE CORPNamed in settlement

Facilities (1)

• AQUAFINE CORPORATION

  29010 PAINE AVENUE, VALENCIA, CA, 91355

  Registry ID: 110064327884

Statutes cited

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

Enforcement conclusions (1)

• AQUAFINE CORPentered 2020-12-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-12-08Enforcement Action Closed
• 2020-12-08Final Order Issued
• 2021-01-06Enforcement Action Data Entered