EPA v. Mosal Flooring Distributors Corp

Case summary

Notice of Recommendation to Refuse Admission: 9/27/2024 Consignee: Mosal Flooring Distributors Corp Entry Number: 847-24128750 Product(s): Mosal Flooring Vinyl Plank By this memorandum, the U.S. Environmental Protection Agency is notifying the U.S. Customs and Border Protection (CBP) that it is the opinion of the EPA that one or more of the pesticidal products in the shipment 847-24128750 described below, is in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, or the Act), as amended, 7 U.S.C. ? 136o(c), and should be refused entry into the United States pursuant to the authority of Section 17(c) of FIFRA as more fully detailed below. The following information pertains to this shipment: Entry Number: 847-24128750 Product Name(s): Mosal Flooring Vinyl Plank Shipper/Manufacturer: Zhejiang Ounaili New Material Co Consignee: Mosal Flooring Distributors Corp Date of Importation: 9/17/2024 Port of Entry: Port of Jacksonville, Florida (Port Code 1803) 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. Specifically, the product makes the pesticidal claim, ?antimicrobial,? which is not qualified to specify a non-public health intent of the claim. Therefore, the product does not meet the exemption requirements for the treated article exemption and must be registered as a pesticide under FIFRA Section 3. ? 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: o 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 o An electronic alternative to the NOA filed with the entry documentation via any CBP authorized electronic data interchange system.

Defendants (1)

• Mosal Flooring Distributors CorpNamed in settlement

Facilities (1)

• MOSAL FLOORING DISTRIBUTORS CORP

  11316 BOGGY CREEK ROAD, ORLANDO, FL, 32824

  Registry ID: 110071846217

Statutes cited

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

Enforcement conclusions (1)

• Mosal Flooring Distributors Corpentered 2024-09-27

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-09-27Final Order Issued
• 2024-09-27Enforcement Action Closed
• 2024-10-01Enforcement Action Data Entered