EPA v. SIPCAM AGRO USA, INC

Case summary

4/8/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $23,040. PENALTY DUE WITHIN 30 DAYS OF EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OR AROUND OCTOBER 6, 2016, THE PESTICIDE CARAVEL HERBICIDE (CARAVEL) WAS REGISTERED WITH THE EPA. IN THE EPA-APPROVED LABEL FOR THE PRODUCT, THE STORAGE AND DISPOSAL SECTION INCLUDES A CONTAINER HANDLING SUBSECTION THAT INCLUDES APPROVED LANGUAGE DEPENDING ON A CONTAINER'S VOLUMETRIC CAPACITY IDENTIFIED AS SMALL CAPACITY TEXT OR LARGE CAPACITY TEXT. ON OR AROUND SEPTEMBER 5, 2024, DSV AIR & SEA INC. (DSV), THE LICENSED CUSTOMS BROKER FOR SIPCAM AGRO USA, INC. (RESPONDENT), FILED AN ELECTRONIC ALTERNATIVE TO A NOA USING CBP'S ACE DATA PROCESSING SYSTEM FOR ONE IMPORTED SHIPMENT OF PESTICIDAL PRODUCT CARAVEL (THE FIRST SHIPMENT). THE FIRST SHIPMENT ARRIVED ON OR AROUND SEPTEMBER 10, 2024, AT THE PORT OF MOBILE, ALABAMA. ON OR AROUND SEPTEMBER 6, 2024, AS REQUESTED BY THE EPA, DSV UPLOADED ALL ENTRY DOCUMENTATION INCLUDING PRODUCT LABELING FROM THE RESPONDENT TO CBP'S DOCUMENT IMAGE SYSTEM (DIS) FOR REVIEW OF THE ENTRY. THE EPA REVIEWED THE PRODUCT LABEL AND FOUND THAT THE TEXT OF THE CONTAINER HANDLING AND STORAGE AND DISPOSAL SECTIONS OF THE DIRECTIONS FOR USE WAS THE SMALL CAPACITY TEXT. ON OR AROUND SEPTEMBER 9, 2024, RESPONDENT NOTIFIED THE EPA THAT THREE ADDITIONAL SHIPMENTS OF CARAVEL, ALL OF WHICH WERE ALSO LABELED IN THE SAME WAY AS THE FIRST SHIPMENT, WERE BEING IMPORTED INTO THE U.S. DSV FILED ELECTRONIC ALTERNATIVES TO A NOA USING THE CBP SYSTEM FOR SHIPMENTS TWO AND THREE ON OR AROUND SEPTEMBER 17, 2024, AND SEPTEMBER 18, 2024. THE TWO SHIPMENTS ARRIVED AT THE PORT OF MOBILE, ALABAMA ON OR AROUND SEPTEMBER 21, 2024. ON OR AROUND OCTOBER 16, 2024, DIV FILED ELECTRONICALLY USING THE CBP SYSTEM FOR SHIPMENT FOUR WHICH ARRIVED AT THE PORT OF MOBILE, ALABAMA ON OR AROUND OCTOBER 20, 2024. EACH OF THE TOTES THAT ARRIVED IN THE FOUR SHIPMENTS HAD A 264-GALLON VOLUMETRIC CAPACITY THAT REQUIRED USE OF THE LARGE CAPACITY TEXT IN THE DIRECTIONS FOR USE ON ITS LABE. THEY ALSO WEIGHED 1,150 KILOGRAMS AND SO, BEING TOO LARGE TO SHAKE, WAS THUS REQUIRED TO COMPLY WITH THE REQUIREMENTS OF 40 C.F.R. ? 156.146(B)(3}. EACH OF THE TOTES THAT ARRIVED IN THE FOUR SHIPMENTS WAS THUS MISBRANDED PURSUANT TO SECTIONS 2(Q)(L)(E) AND (F) OF FIFRA, 7 U.S.C. ?? 136(Q)(L)(E) AND (F). THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E), BY DISTRIBUTING OR SELLING THE MISBRANDED PESTICIDE CARAVEL BY IMPORTING IT ON AT LEAST FOUR OCCASIONS BETWEEN DATES ON OR AROUND SEPTEMBER 10, 2024, AND OCTOBER 20, 2024, AS DESCRIBED IN THE CAFO.

Defendants (1)

• SIPCAM AGRO USA, INCNamed in complaintNamed in settlement

Facilities (1)

• SIPCAM AGRO USA, INC

  2525 MERIDIAN PARKWAY, DURHAM, NC, 27713

  Registry ID: 110057185647

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• SIPCAM AGRO USA, INCentered 2025-04-08

  Primary law: FIFRA

  Federal penalty: $23,040

Timeline (4 milestones)

• 2025-04-08Final Order Issued
• 2025-04-08Complaint Filed/Proposed Order
• 2025-04-15Enforcement Action Data Entered
• 2025-05-22Enforcement Action Closed