EPA v. BESAFE INDUSTRIES, LLC

Case summary

8/1/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $90,800. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OR ABOUT MARCH 8, 2021, AN AUTHORIZED REPRESENTATIVE OF THE EPA INSPECTION OF A RETAIL STORE, THE INSPECTOR OBSERVED THAT THE STORE WAS SELLING/DISTRIBUTING A PRODUCT NAMED BESAFE DISINFECTING WIPES, (HEREIN: BESAFE WIPES) WHOSE LABEL INCLUDED PESTICIDAL CLAIMS. BASED ON FURTHER REVIEW OF THE LABELS AND LABELING, IT WAS DISCOVERED THAT THE OWNER AND DISTRIBUTOR OF THE BESAFE WIPES WAS BESAFE INDUSTRIES, LLC OF CORAL GABLES, FLORIDA. ON OR ABOUT APRIL 30, 2021, THE EPA REVIEWED BESAFE'S WEBSITE AND OBSERVED THE PESTICIDAL CLAIMS FOR THE WIPES. BASED ON THE PRESENCE OF LISTED CLAIMS ON THE PRODUCT LABEL AND ON THE BESAFE WEBSITE, THE EPA DETERMINED THAT THE PRODUCT WAS A PESTICIDE AS DEFINED IN SECTION 2(U) OF FIFRA, 7 U.S.C. ? 136(U) AND WOULD, THEREFORE, BE REQUIRED TO BE REGISTERED WITH THE EPA PURSUANT TO FIFRA SECTION 3. AT THE TIME OF THE MARCH 8, 2021, INSPECTION, THE BESAFE WIPES WERE NOT REGISTERED AS A PESTICIDE WITH THE ADMINISTRATOR OF EPA AS REQUIRED BY SECTION 3 OF FIFRA. BESAFE ALSO PROVIDED INFORMATION SHOWING THEY IMPORTED WIPES IN TO THE U.S., ON ONE ORE MORE OCCASIONS BETWEEN SEPTEMBER 2020 ? APRIL 2021 AND WORKED WITH DISTRIBUTORS TO DISTRIBUTE OR SELL THE WIPES AT VARIOUS RETAIL STORES. IN THE U.S. BETWEEN NOVEMBER 2020 ? APRIL 2021. TO DATE, THE EPA HAS RECEIVED NO INFORMATION SHOWING THAT BESAFE, OR ANY AGENT AUTHORIZED BY BESAFE, SUBMITTED NOTICES OF ARRIVAL OF PESTICIDES AND DEVICES, OR FILED AN ELECTRONIC EQUIVALENT WITH THE FILING OF ENTRY DOCUMENTATION, FOR THE IMPORTATION OF THE BESAFE WIPES AS REQUIRED BY 19 C.F.R. ? 12.112. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A){1){A) OF FIFRA, 7 U.S.C. ? 136J{A)(1){A), BY SELLING AND DISTRIBUTING UNREGISTERED PESTICIDES. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(2)(N) OF FIFRA, 7 U.S.C. ? 136J(A)(2)(N), BY IMPORTING PESTICIDES WITHOUT THE SUBMITTAL OF A NOA OR FILING ITS ELECTRONIC EQUIVALENT.

Defendants (1)

• BESAFE INDUSTRIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• BESAFE INDUSTRIES, LLC

  2600 S. DOUGLAS ROAD, SUITE PH7, CORAL GABLES, FL, 331364

  Registry ID: 110071219805

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BESAFE INDUSTRIES, LLCentered 2024-08-01

  Primary law: FIFRA

  Federal penalty: $90,800

Timeline (4 milestones)

• 2024-08-01Complaint Filed/Proposed Order
• 2024-08-01Final Order Issued
• 2024-08-26Enforcement Action Data Entered
• 2024-08-30Enforcement Action Closed