EPA v. DIAMOND LIVING DISTRIBUTORS LLC

Case summary

MARCH 23, 2022 - NOTICE OF REFUSAL OF ADMISSION FIFRA12(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 qualify for exemption as a treated article because it makes claims to be antimicrobial but is unregistered. 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: o 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; o An electronic alternative to the NOA filed with the entry documentation via any CBP authorized electronic data interchange system.

Defendants (1)

• DIAMOND LIVING DISTRIBUTORS LLCNamed in settlement

Facilities (1)

• DIAMOND LIVING DISTRIBUTORS LLC

  6606 FM 1488 ROAD, MAGNOLIA, TX, 77354

  Registry ID: 110071234975

Statutes cited

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

Enforcement conclusions (1)

• DIAMOND LIVING DISTRIBUTORS LLCentered 2022-03-23

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-03-23Enforcement Action Closed
• 2022-03-23Final Order Issued
• 2022-03-24Enforcement Action Data Entered