EPA v. WILL PASS, INC

Case summary

NOVEMBER 2, 2021 - 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 product label includes claims that imply that the product may have been treated with a pesticide, but the claims go beyond what is allowed by the ?Treated Articles Exemption? as outlined in 40 CFR Part 152.25(a) and Pesticide Registration Notice 2000-1.? 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:  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; 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)

• WILL PASS, INCNamed in settlement

Facilities (1)

• WILL PASS, INC

  37-12 PRINCE STREET, SUITE 8C, FLUSHING, NY, 11354

  Registry ID: 110071091636

Statutes cited

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

Enforcement conclusions (1)

• WILL PASS, INCentered 2021-11-02

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-11-02Enforcement Action Closed
• 2021-11-02Final Order Issued
• 2021-11-08Enforcement Action Data Entered