EPA v. FACILITIES PERFORMANCE GROUP, LLC

Case summary

MARCH 9, 2023 - CONSENT AGREEMENT On or about May 4, 2020, a shipment containing the product General Household Wipes arrived at the port of Memphis, Tennessee at the Memphis FedEx Hub (Port Code 2095). The wipe products were imported by the licensed customs broker, FedEx Trade Networks Transport & Brokerage (FedEx), on behalf of the consignee, FPG. On or around May 12, 2020, FedEx filed an entry into the CBP ACE system on behalf of FPG, for the shipment of General Household Wipes under entry number 799-71755887. The entry was filed by Fedex as Program Code PSI which indicates that the product being imported was a registered pesticide, but the entry was further coded under disclaimed A, indicating the product was a pesticide that would be sold for non-pesticide use, and therefore not regulated by the EPA under FIFRA. 17. On May 15, 2020, the EPA emailed the broker and FPG to inform them that the General Household Wipes product being imported may be a pesticide regulated by the EPA and that a Notice of Arrival of Pesticides and Devices [NOA; EPA Form 3540-1] may be required. The EPA also requested that the broker and FPB provide copies of the labels affixed to the General Household Wipes product packaging. On May 15, 2020, FPG submitted copies of labels on the product packaging. 18. Upon review of the labels, written solely in Korean, the EPA determined that the labels contained pesticidal claims which, when translated to English, stated: Super strong sterilization and disinfection of various harmful bacteria, disinfectant tissue for prevention of infectious disease in school, and Item: Disinfectant. The packaging containing the wipes also bore pictograms which indicated the product should be used to disinfect surfaces and objects such as school equipment and mobile phones. Based on the pesticidal claims on the product labeling and statements indicating that the product's intended use is as a pesticide, the product is a pesticide that must be registered pursuant to Section 3 of FIFRA. On or about May 19, 2020, the EPA issued a Notice of Refusal of Admission on the grounds that the products were in violation of both FIFRA Sections 12(a)(l)(A) (sale and distribution of unregistered pesticide) and 12(a)(2)(N) (failure to file reports required by FIFRA). On or about June 23, 2021, an authorized representative of the EPA conducted an inspection at Respondent's Facility located at 3480 Highway 51 South, Hernando, Mississippi 38632. At the time of the inspection, the inspector inquired about the unregistered pesticide wipes that had been imported on May 4, 2020, through entry number 799-71755887. In response, FPG provided a sales invoice which appeared to show that on or about March 31, 2020, FPG had purchased 100,000 packages of sanitizing wipes products from a supplier in South Korea. Based on the invoice and photographs taken during the inspection, the EPA determined that the sanitizing wipes products were the same products as the General Household Wipes products imported under entry number 799-71755887. On or about June 15, 2022, the EPA issued a Show Cause Letter to FPG. In response, FPG provided information on additional shipments and entries filed by FPG for the importation of the General Household Wipes related to the sales invoice for 100,000 packages of sanitizing wipes . According to FPG, a total of 15 entries were filed for shipments of the General Household Wipes and three (3) of these were filed in ports located in EPA Region 4. These were entry numbers 799-71755887, 799-71793490, and 799-71803620. NOAs were not submitted prior to the arrival of these shipments.

Defendants (1)

• FACILITIES PERFORMANCE GROUP, LLCNamed in complaintNamed in settlement

Facilities (1)

• FACILITIES PERFORMANCE GROUP, LLC

  815 HIGHWAY 51 SOUTH, HERNANDO, MS, 38632

  Registry ID: 110070814829

Statutes cited

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

Enforcement conclusions (1)

• FACILITIES PERFORMANCE GROUP, LLCentered 2023-03-09

  Primary law: FIFRA

  Federal penalty: $42,600

Timeline (4 milestones)

• 2023-03-09Complaint Filed/Proposed Order
• 2023-03-09Final Order Issued
• 2023-03-15Enforcement Action Closed
• 2023-03-27Enforcement Action Data Entered