EPA v. VALENT U.S.A. LLC

Case summary

12/7/2023 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $11,900. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON JANUARY 28, 2019, LICENSED CUSTOMS BROKER GEODIS USA, INC., UPLOADED A LABEL FOR PESTICIDES INTO THE ACE SYSTEM ON BEHALF VALENT. AFTER REVIEW OF THE LABEL, THE EPA DETERMINED THAT THE LABEL'S DIRECTIONS FOR USE LANGUAGE DID NOT MATCH THE CURRENT EPA-APPROVED LABEL (ACCEPTED MARCH I 0, 2015). FURTHER, DIRECTIONS FOR USE DID NOT MATCH THE EPA-APPROVED LABEL'S ANALOGOUS PROVISIONS FOR STORAGE, RESIDUE REMOVAL, AND DISPOSAL AS IS REQUIRED BY 40 C.F.R. ? 156.10(I)(2)(IX). THEREFORE, THE PRODUCT WAS MISBRANDED. UPON REVIEW OF A LABEL SUBMITTED BY GEODIS ON BEHALF OF VALENT ON OR AROUND APRIL 19, 2019, VIA THE ACE SYSTEM, THE EPA NOTED THAT IT DID NOT INCLUDE THE NET WEIGHT AS IS REQUIRED BY 40 C.F.R. ? 156.10(D). THEREFORE, THE PRODUCT WAS MISBRANDED. THE EPA ALLEGES THAT BY IMPORTING AND DISTRIBUTING THE MISBRANDED PESTICIDE PRODUCTS AS DESCRIBED, RESPONDENT HAS VIOLATED SECTION 12(A)(1)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E), AND IS, THEREFORE, SUBJECT TO THE ASSESSMENT OF CIVIL PENALTIES UNDER SECTION 14 OF FIFRA, 7 U.S.C. ? 136L.

Defendants (1)

• VALENT U.S.A. LLCNamed in complaintNamed in settlement

Facilities (2)

• PORT OF SAVANNAH- IMPORTER: VALENT U.S.A. LLC

  2 MAIN ST, SAVANNAH, GA, 31408

  Registry ID: 110070615806

• VALENT U.S.A. LLC

  4600 NORRIS CANYON ROAD, SAN RAMON, CA, 94583

  Registry ID: 110070828698

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• VALENT U.S.A. LLCentered 2023-12-07

  Primary law: FIFRA

  Federal penalty: $11,900

Timeline (4 milestones)

• 2023-12-07Complaint Filed/Proposed Order
• 2023-12-07Final Order Issued
• 2024-01-05Enforcement Action Closed
• 2024-01-07Enforcement Action Data Entered