EPA v. UPS SUPPLY CHAIN SOLUTIONS

Case summary

JANUARY 5, 2021 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(F) To sell or distribute a pesticide device that is misbranded. The device is not labelled in accordance with FIFRA Section 2(q)(1). Specifically, the label does not contain a valid EPA Establishment Number, directions for use which are necessary for effecting the purpose for which the product is intended and it appears to contain false or misleading statements concerning the efficacy and safety of the device. FIFRA 12(a)(2)(M) To knowingly falsify all or part of any report filed under FIFRA. Based on information provided, the EPA Establishment number entered in conjunction with the electronic filing electronic alternative to the Notice of Arrival of Pesticides and Devices (NOA) EPA Form 3540-1 was provided when, at the time, the company, who is both importer and manufacturer, was aware that it had only been assigned a company number and did not have a valid establishment number for the facility where the pesticide devices were produced.

Defendants (1)

• UPS SUPPLY CHAIN SOLUTIONSNamed in settlement

Facilities (1)

• UPS SUPPLY CHAIN SOLUTIONS, INC.

  1930 BISHOP LANE, SUITE 200, LOUISVILLE, KY, 40218

  Registry ID: 110070814772

Statutes cited

• FIFRA 12A2M — Falsify Application, Information, etc.
• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• UPS SUPPLY CHAIN SOLUTIONSentered 2021-01-05

  Primary law: FIFRA

Timeline (3 milestones)

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