EPA v. BRUSHBY LLC

Case summary

NOVEMBER 30, 2022 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(E): To sell or distribute a pesticide that is misbranded. Specifically, the pesticide product label included language in the directions for use not approved as part of the products registration under FIFRA Section 3, did not include a net contents statement in terms of weight expressed as avoirdupois pounds and ounces and the section titled Container Disposal was missing language from the EPA-approved label for Plastic Containers. 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: 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 CBP authorized electronic data interchange system.

Defendants (1)

• BRUSHBY LLCNamed in settlement

Facilities (1)

• BRUSHBY, LLC

  3881 W. AURORA LANE, MONROVIA, IN, 46157

  Registry ID: 110071361976

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BRUSHBY LLCentered 2022-11-30

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-11-30Final Order Issued
• 2022-11-30Enforcement Action Closed
• 2022-12-02Enforcement Action Data Entered