EPA v. VALENT U.S.A., LLC

Case summary

MAY 6, 2025 - CONSENT AGREEMENT On or around August 14, 2024, Geodis USA, Inc. (Geodis), the licensed customs broker for Valent, filed an electronic alternative to the NOA using CBP's ACE Data Processing System for importation of a shipment of the pesticide product Ethaboxam Technical (EPA Reg. No. 59639-185). The shipment arrived at the Port of Savannah, Georgia under Entry Number 113- 33068052 on or around August 9, 2024, and included 160 drums of Ethaboxam Technical with each drum weighing 50 kilograms. EPA requested that the importer, Valent, via their broker, Geodis, ensure that all entry documentation, including labels or labeling on the pesticide, is uploaded to CBP's Document Image System (DIS) for EPA's review of the NOA. Geodis uploaded the documentation to DIS for review. After reviewing the documents, EPA requested that Valent review the label and any labeling (e.g. manuals, booklets, inserts) that had been uploaded to DIS to ensure that they are true and complete copies of what is affixed to and/or accompanying the pesticide product. Valent confirmed via email that the label and labeling provided were true and complete copies of what was affixed to and/or had accompanied the pesticide product. In this email, Valent also noted that the drums in the shipment of Ethaboxam Technical were labeled with an older version of EPA-approved label which did not include revised storage and disposal language. Additionally, Valent advised EPA that a second shipment of the same product, Ethaboxam Technical, bearing the same label that was on drums in the first shipment, was expected to make entry into the United States on or about September 17, 2024, under Entry Number 113-33268082, although Geodis had not yet formally filed the entry documentation. EPA reviewed the label provided by Valent and confirmed that it was the older version of the label approved by EPA on February 10, 2021, and that the label was missing a recycling statement within the storage and disposal section which was approved in a voluntary label amendment on January 12, 2023. Valent was authorized to distribute or sell the pesticide product Ethaboxam Technical under the label approved on February 10, 2021, for a period of 18 months after approval of the most recent revision of the label which was approved on January 12, 2023. Therefore, the last date the product could have been distributed or sold with the previously approved label was July 12, 2024. On or around September 4, 2024, Geodis filed an electronic alternative to the NOA in the ACE System for the importation of the second shipment of 160 drums of Ethaboxam Technical (EPA Reg. No. 59639-185), with each drum weighing 50 kilograms. The shipment arrived at the Port of Savannah, Georgia under Entry Number 113-33268082 on or around September 17, 2024. Based on EPA's review of the label and labeling of the drums in the second shipment of Ethaboxam Technical, EPA determined that the shipment was misbranded in the same way as the drums in the first shipment described in Paragraph 28 in that the drums did not bear the currently approved label and were missing approved storage and disposal language. The drums of the pesticide product Ethaboxam Technical imported into the United States as described above were misbranded because they did not bear the current EPA-approved label, and because the label affixed to the drums was missing required storage and disposal language. The EPA alleges that Respondent violated Section 12(a)(l)(E) of FIFRA, 7 U.S.C. ? 136j(a)(l)(E), by importing and thereby distributing or selling the misbranded pesticide, Ethaboxam Technical, and is therefore subject to the assessment of a civil penalty under Section 14(a) of FIFRA, 7 U.S.C. ? 136/(a). Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of NINE THOUSAND, ONE HUNDRED AND EIGHTY DOLLARS ($9,180.00).

Defendants (1)

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

Facilities (1)

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

  2 MAIN ST, SAVANNAH, GA, 31408

  Registry ID: 110070615806

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• VALENT U.S.A., LLCentered 2025-05-06

  Primary law: FIFRA

  Federal penalty: $9,180

Timeline (4 milestones)

• 2025-05-06Complaint Filed/Proposed Order
• 2025-05-06Final Order Issued
• 2025-05-13Enforcement Action Data Entered
• 2025-05-23Enforcement Action Closed