EPA v. Biosure North America LLC

Case summary

NOTICE OF RECOMMENDATION TO REFUSE ADMISSION: 12/16/2024 Consignee: Biosure North America LLC Entry Number: SCS-75039788 Product(s): Biosure Water Disinfection System 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 SCS-75039788 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: SCS-75039788 Product Name(s): Biosure Water Disinfection System Shipper/Manufacturer: Yantai United Ozonetec Corporation Consignee: Biosure North America LLC Date of Importation: November 19, 2024 Port of Entry: Port of Louisville, Kentucky (4196) 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)(F): To sell or distribute a pesticide device that is misbranded. Specifically, the device is not labeled in accordance with FIFRA ? 2(q)(1) in that it contains false and misleading claims as to the efficacy of the product. 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)

• Biosure North America LLCNamed in settlement

Facilities (1)

• BIOSURE NORTH AMERICA LLC

  30621 SWEETRIDGE CIRCLE, BOERNE, TX, 78015

  Registry ID: 110071883489

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Biosure North America LLCentered 2024-12-16

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-12-16Enforcement Action Closed
• 2024-12-16Final Order Issued
• 2024-12-17Enforcement Action Data Entered