EPA v. Seleny Gamez

Case summary

1/17/2024: FIFRA NOTICE OF REFUSAL OF ADMISSION It appears that the product is not in compliance with the Act and is subject to refusal of entry into the United States due to the following violation(s): FIFRA ? 12(a)(1)(A): To sell or distribute to any person any pesticide that is not registered under Section 3 or whose registration has been cancelled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under FIFRA. 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. Pursuant to the foregoing, and in accordance with Section 17(c) of FIFRA, the EPA is notifying CBP of these violations so that it may either refuse delivery of the abovementioned product(s) to the consignee, or if the shipment has been released to the consignee under bond, require redelivery of the shipment under the terms of the bond. Please provide the EPA with a copy of the export waybill or other documentation demonstrating that exportation or destruction of the product(s) has occurred within 90 days after notice of the refusal of delivery or within 90 days after redelivery, as applicable.

Defendants (1)

• Seleny GamezNamed in settlement

Facilities (1)

• SELENY GAMEZ

  9043 TRADEPORT DR, ORLANDO, FL, 32827

  Registry ID: 110071642459

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Seleny Gamezentered 2024-01-17

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-01-17Final Order Issued
• 2024-01-17Enforcement Action Closed
• 2024-01-25Enforcement Action Data Entered