EPA v. MAKHTESHIM AGAN OF NORTH AMERICA, INC., DBA ADAMA LTD

Case summary

7/8/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 10,440. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OR AROUND NOVEMBER 15, 2023, EPA REGION 4 WAS NOTIFIED BY THE EPA'S OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION (OCSPP) OF THE IMMINENT ARRIVAL OF ADAMA'S UNREGISTERED PESTICIDE PRODUCT INTO THE PORT OF SAVANNAH. OSCPP NOTED THAT THE PRODUCT WAS THE SUBJECT OF TWO REQUESTS FOR A FIFRA SECTION 18 EMERGENCY EXEMPTION SUBMITTED BY THE STATES OF COLORADO AND NEBRASKA ON BEHALF OF GROWERS TO AVERT SIGNIFICANT ECONOMIC LOSSES. C.H. ROBINSON WORLDWIDE, INC. (C.H. ROBINSON), THE LICENSED CUSTOMS BROKER FOR ADAMA, FILED TWO ENTRIES ON BEHALF OF ADAMA THROUGH THE CBP'S ACE DATA PROCESSING SYSTEM FOR THE IMPORTATION OF THE UNREGISTERED PESTICIDE PRODUCT ON OR AROUND NOVEMBER 29, 2023, AND SUBMITTED ENTRY DOCUMENTS, LABELS, AND LABELING FOR THE PRODUCT VIA CBP'S DOCUMENT IMAGE SYSTEM (DIS) WITH THE SECOND SHIPMENT. BOTH SHIPMENTS ARRIVED ON OR AROUND DECEMBER 5, 2023, AT THE PORT OF SAVANNAH. THE FIFRA SECTION 18 EMERGENCY EXEMPTION HAD NOT BEEN ISSUED BY OCSPP. THEREFORE, THE PRODUCTS WERE NOT IN COMPLIANCE WITH 40 C.F.R. ? 152.30(E). UPON EPA?S REVIEW OF THE LABELS AND LABELING INFORMATION SUBMITTED ON OR AROUND DECEMBER 6, 2023, THE EPA DETERMINED THAT THE PRODUCTS WERE NOT IN COMPLIANCE WITH 40 C.F.R. ? 152.30(B). THE UNREGISTERED PESTICIDE DID NOT MEET THE CONDITIONS FOR LEGAL DISTRIBUTION IN THE UNITED STATES, AS OUTLINED IN 40 C.F.R. ? 152.30. THEREFORE, THE PRODUCTS WERE UNREGISTERED PESTICIDES DISTRIBUTED (IMPORTED) IN VIOLATION OF FIFRA SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A). THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY DISTRIBUTING THE UNREGISTERED PESTICIDE ON OR AROUND DECEMBER 5, 2023.

Defendants (2)

• ADAMA LTDNamed in complaintNamed in settlement
• MAKHTESHIM AGAN OF NORTH AMERICA, INC., DBANamed in complaintNamed in settlement

Facilities (1)

• PORT OF SAVANNAH

  139 SOUTHERN BLVD, SAVANNAH, GA, 31405

  Registry ID: 110071467956

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MAKHTESHIM AGAN OF NORTH AMERICA, INC., DBA ADAMA LTDentered 2024-07-08

  Primary law: FIFRA

  Federal penalty: $10,440

Timeline (4 milestones)

• 2024-07-08Final Order Issued
• 2024-07-08Complaint Filed/Proposed Order
• 2024-07-09Enforcement Action Data Entered
• 2024-07-22Enforcement Action Closed