EPA v. Kraiburg TPE Corp

Case summary

Kraiburg TPE Corp: 11/13/2024 FIFRA Notice of Warning Case File No. FIFRA-04-2025-3501 The U.S. Environmental Protection Agency has obtained evidence indicating that Kraiburg TPE Corp (Kraiburg) appears to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On or around August 3, 2023, the licensed customs broker CV International Inc. filed an entry via the U.S. Customs and Border Protection?s (CBP) Automated Commercial Environment (ACE) Data Processing System on behalf of Kraiburg for the importation of one shipment of the pesticide Intercide DBF-10K120ND (EPA Reg. No. 2829-140-67360), under Entry Number 251-21279936, that arrived at the Port of Atlanta International Airport on or around October 21, 2024. The shipment contained six containers, each container weighing 25 kilograms. A copy of the label affixed to the imported product was uploaded to the ACE Document Image System (DIS). After reviewing the product label that was uploaded to DIS, the EPA determined that the label on the imported product contained a net weight in kilograms. Pursuant to 40 CFR 156.10(d)(2), if the pesticide is a liquid, the net content statement shall be in terms of liquid measure and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons. Pursuant to 40 CFR 156.10(d)(2), if the pesticide is solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces. Pursuant to Section 2(q)(2)(C)(iii) of FIFRA, 7 U.S.C. ? 136(q)(2)(C)(iii), a pesticide is misbranded if there is not affixed to its container, a label that bears the net weight or measure of the content. Based on the incorrect unit of measure, the product Intercide DBF-10K120ND, which was imported and therefore distributed or sold by Kraiburg, was misbranded. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E) it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded.

Defendants (1)

• Kraiburg TPE CorpNamed in settlement

Facilities (1)

• KRAIBURG TPE

  4365 HAMILTON MILL RD, BUFORD, GA, 30518

  Registry ID: 110071876202

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Kraiburg TPE Corpentered 2024-11-13

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-13Final Order Issued
• 2024-11-13Enforcement Action Closed
• 2024-11-15Enforcement Action Data Entered