EPA v. Mahkteshim Agan of North America

Case summary

FIFRA NORA: 6/11/2025 NOTICE OF RECOMMENDATION TO REFUSE ADMISSION Consignee: Makhteshim Agan of North America Entry Number: 791-54026046 Product(s): Nonanoic Acid 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 791-54026046 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: 791-54026046 Product Name(s): Nonanoic Acid Shipper/Manufacturer: Globachem NV Consignee: Makhteshim Agan of North America Date of Importation: May 29, 2025 Port of Entry: Port of Winston-Salem, North Carolina (Port 1502) 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 pesticide product is an unregistered sample for research and development imported under 40 CFR 152.30(c)(2) but fails to meet the labeling requirements of 40 CFR 156.10.

Defendants (1)

• Mahkteshim Agan of North AmericaNamed in settlement

Facilities (1)

• MAHKTESHIM AGAN OF NORTH AMERICA

  8601 SIX FORKS RD, RALEIGH, NC, 27615

  Registry ID: 110071399201

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Mahkteshim Agan of North Americaentered 2025-06-11

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-06-11Final Order Issued
• 2025-06-11Enforcement Action Closed
• 2025-06-12Enforcement Action Data Entered