EPA v. Kwizda Agro GMBH

Case summary

FIFRA NOW: 8/12/2025 Kwizda Agro GMBH Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2025-3524 The U.S. Environmental Protection Agency regulates the registration, distribution, sale, and use of pesticide products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or the Act), as amended, 7 U.S.C. ?? 136 et seq. The EPA is issuing this Notice of Warning (NOW) to Kwizda Agro GMBH (hereinafter Kwizda), pursuant to section 14(a)(4) of FIFRA, 7 U.S.C. ? 136l(a)(4), which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Kwizda violated FIFRA section 12(a)(1)(A) by distributing or selling unregistered pesticides. On or around April 19, 2025, DSV Air & Sea Inc., the licensed customs broker for Kwizda, filed for entry using the U. S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE) Data Processing System for the importation of the pesticide product, Trico Noram. The shipment arrived at the Port of Savannah, Georgia (Port Code 1703) under entry number DSV-38995830 on or around April 19, 2025. The entry included 90 intermediate bulk containers (IBC), with each IBC weighing 1,010 kilograms. The label uploaded to the ACE Data Processing System Document Imaging System (DIS) was for the pesticide product Trico Pro (EPA Reg. No. 71637-2-5905). After a review of the entry and product label uploaded to DIS, it was found that the EPA Est. No. on the label (EPA Est. No. 5905-GA-001) didn?t match with the EPA Est. No. in the ACE Data Processing System (EPA Est. No. 71637-AUT-1). On or about April 15, 2025, the EPA requested that Kwizda review the label and any labeling (e.g. manuals, booklets, inserts, etc.) provided in DIS to ensure that it is a true and complete copy of what is affixed to and accompanying the product. On April 23, 2025, Kwizda clarified via email that they are importing the unregistered pesticide, Trico Noram, to repackage the product at Helena Industries located at 434 Fenn Road, Cordele, Georgia 31015 to make the finished product, Trico Pro (EPA Reg. No. 71637-2-5905). The EPA requested that DSV upload the label affixed to the imported product to DIS. The label was uploaded to DIS on April 24, 2025. On April 25, 2025, the EPA reviewed the label for the unregistered Trico Noram product. Upon review of the label, it was found that under the Directions for Use section, the product was labeled with the phrase ?It?s a violation of federal law??. The unregistered Trico Noram is misbranded pursuant to FIFRA Section 2(q)(1)(A). The statement ?It is a violation of Federal law to use this product in a manner inconsistent with its labeling,? is considered false or misleading when applied to unregistered pesticides whose labels have not been reviewed or accepted by the EPA. Due to this, the product should be a registered pesticide. This NOW only resolves Kwizda?s civil liability for the specific violations set forth above for the instances described in this NOW. The EPA has the right to institute further enforcement actions for any additional or continuing violations. The EPA may also institute further enforcement proceedings to recover appropriate relief upon obtaining evidence that any information or representations made by Respondent were false, inaccurate, or misleading. Nothing in this NOW relieves [COMPANY] of its obligation to comply with all applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor shall it constitute a waiver, suspension, or modification of the requirements of FIFRA and any regulations promulgated thereunder.

Defendants (1)

• Kwizda Agro GMBHNamed in settlement

Facilities (1)

• PORT OF SAVANNAH - IMPORTER: KWIZDA AGRO GMBH

  2 MAIN ST, SAVANNAH, GA, 31408

  Registry ID: 110070615806

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Kwizda Agro GMBHentered 2025-08-12

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-08-12Enforcement Action Closed
• 2025-08-12Final Order Issued
• 2025-08-14Enforcement Action Data Entered