EPA v. ALBAUGH LLC

Case summary

MAY 4, 2022 - 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 in compliance with FIFRA Section 17(a), interpreted by the EPA under PRN 99-1. Based on information provided for the shipment, it does not appear that specifications of the foreign purchaser were received by the importer at the time of importation. The product appears misbranded pursuant to FIFRA Section 2(q)(1)(A). The statement is a violation of Federal law to use this product in a manner inconsistent with its labeling is considered false or misleading when applied to unregistered pesticides whose labels have not been reviewed or accepted by the EPA.

Defendants (1)

• ALBAUGH, LLCNamed in settlement

Facilities (2)

• ALBAUGH INCORPORATED

  4900 PACKERS AVE., SAINT JOSEPH, MO, 64504

  Registry ID: 110017982290

• ALBAUGH INCORPORATED

  4900 PACKERS AVE., SAINT JOSEPH, MO, 64504

  Registry ID: 110017982290

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ALBAUGH LLCentered 2022-05-04

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-05-04Enforcement Action Closed
• 2022-05-04Final Order Issued
• 2022-06-24Enforcement Action Data Entered