EPA v. ERBE USA INCORPORATED

Case summary

NOVEMBER 12, 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 pesticide product does not appear to be registered with the EPA. FIFRA 12(a)(2)(N) Failure to file reports required by the Act for the product being imported. The importer or the importer's agent did not file 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. The product labels were not uploaded to DIS.

Defendants (1)

• ERBE USA INCORPORATEDNamed in settlement

Facilities (1)

• ERBE USA INCORPORATED

  2225 NORTHWEST PARKWAY, MARIETTA, GA, 30067

  Registry ID: 110071154663

Statutes cited

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

Enforcement conclusions (1)

• ERBE USA INCORPORATEDentered 2021-11-12

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-11-12Enforcement Action Data Entered
• 2021-11-12Final Order Issued
• 2021-11-12Enforcement Action Closed