EPA v. UPL NA, INC

Case summary

11/7/2022 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $84,200. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(2)(S) OF FIFRA, 7 U.S.C. ? 136J(A)(2)(S) ON AT LEAST SEVEN OCCASIONS (FOR THE SEVEN SHIPMENTS OUTLINED IN PARAGRAPH 25) DUE TO ITS FAILURE TO COMPLY WITH SECTION 19 OF FIFRA, AND THE CONTAINER REGULATIONS SET FORTH IN 40 C.F.R. ?? 156.140, 156.144 AND 156.156. AS A RESULT OF THESE ALLEGED VIOLATIONS, RESPONDENT IS SUBJECT TO THE ASSESSMENT OF CIVIL PENALTIES UNDER SECTION 14 OF FIFRA, 7 U.S.C. ? 136L. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E), BY IMPORTING AND DISTRIBUTING MISBRANDED PESTICIDES ON AT LEAST SIX OCCASIONS (FOR THE SHIPMENTS OUTLINED IN PARAGRAPH 23, 24, 27 AND 28) AS SET FORTH IN SECTION IV ABOVE AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF A CIVIL PENALTY UNDER SECTION 14(A) OF FIFRA, 7 U.S.C. ? 136L(A). SECTION 14(A) OF FIFRA, 7 U.S.C. ? 136L(A), IN CONJUNCTION WITH 40 C.F.R. PART 19, ADJUSTMENTS OF CIVIL MONETARY PENALTIES FOR INFLATION, AUTHORIZES THE ASSESSMENT OF A CIVIL PENALTY.

Defendants (1)

• UPL NA, INCNamed in complaintNamed in settlement

Facilities (1)

• UPL NA INC

  630 FREEDOM BUSINESS CENTER DRIVE, KING OF PRUSSIA, PA, 19406

  Registry ID: 110070864776

Statutes cited

• FIFRA 12A2S — Violate Regulations Under 3(a) or 19
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• UPL NA, INCentered 2022-11-07

  Primary law: FIFRA

  Federal penalty: $84,200

Timeline (4 milestones)

• 2022-11-07Final Order Issued
• 2022-11-07Complaint Filed/Proposed Order
• 2022-11-23Enforcement Action Closed
• 2022-11-23Enforcement Action Data Entered