EPA v. AGLOGIC CHEMICAL LLC

Case summary

1/24/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $22,000. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON OR AROUND APRIL 15, 2021, THE LICENSED CUSTOMS BROKER BDP WORLD HOUSTON FILED ENTRIES VIA THE CBP ACE SYSTEM ON BEHALF OF AGLOGIC FOR THE IMPORTATION OF TWO SHIPMENTS OF THE PESTICIDE PRODUCT. AFTER A REVIEW OF THE PRODUCT LABELS, THE EPA DETERMINED THAT WHILE THE LABELS MATCHED THE EPA-APPROVED LABEL FROM 2012, THEY DID NOT MATCH THE EPA-APPROVED LABEL FROM AUGUST 23, 2019, OR THE MOST RECENT EPA-APPROVED LABEL DATED JANUARY 12, 2021. THE LABELS DID NOT INCLUDE THE HAZARD AND PRECAUTIONARY LANGUAGE REQUIRED BY THE EPA-APPROVED LABEL THAT WAS NECESSARY FOR ENSURING THAT THE PRODUCT IS USED IN A MANNER THAT IS PROTECTIVE OF HEALTH AND THE ENVIRONMENT. THEREFORE, THE PRODUCT, AS IMPORTED, WAS MISBRANDED PURSUANT TO SECTION 2(Q)(1)(G) OF FIFRA, 7 U.S.C. ? 136(Q)(1)(G). THE EPA ALLEGES THAT BY IMPORTING AND DISTRIBUTING THE MISBRANDED PESTICIDE PRODUCT, AGLOGIC ALDICARB TECHNICAL, AS DESCRIBED , THE RESPONDENT VIOLATED SECTION 12(A)(1)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E).

Defendants (1)

• AGLOGIC CHEMICAL LLCNamed in complaintNamed in settlement

Facilities (1)

• AGLOGIC CHEMICAL, LLC

  121 S. ESTES DRIVE, SUITE 101, CHAPEL HILL, NC, 25714

  Registry ID: 110070101251

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• AGLOGIC CHEMICAL LLCentered 2024-01-24

  Primary law: FIFRA

  Federal penalty: $22,000

Timeline (4 milestones)

• 2024-01-24Final Order Issued
• 2024-01-24Complaint Filed/Proposed Order
• 2024-01-25Enforcement Action Data Entered
• 2024-01-31Enforcement Action Closed