EPA v. Sciessent LLC

Case summary

FIFRA NOTICE OF WARNING: 8/8/2024 Sciessent LLC FIFRA Notice of Warning Case File No. FIFRA-04-2024-3813 Dear Jennifer Moore: The U.S. Environmental Protection Agency has obtained evidence indicating that Sciessent LLC (hereinafter Sciessent) may be in violation of, or have committed violations of, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (FIFRA), 7 U.S.C. ? 136 et seq. On or around July 5, 2024, the licensed customs broker Scan Global filed a Notice of Arrival (NOA) Form 3540-1 on behalf of Sciessent for the importation of one shipment of the pesticide Agion Silver Antimicrobial Type AG (EPA Reg. No. 88165-5), under Entry Number 182-09145616, that arrived at the Port of Atlanta International Airport on or around July 5, 2024. The shipment contained 40 drums, each drum weighing 20 kilograms. A copy of the label affixed to the imported product was emailed with the NOA. 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 on the label affixed to the imported product, the product Agion Silver Antimicrobial Type AG, which was imported and therefore distributed or sold by Sciessent, 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. Therefore, the EPA alleges that Sciessent violated Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), by importing, and therefore selling or distributing, the misbranded pesticide Agion Silver Antimicrobial Type AG (EPA Reg. No. 88165-6). In response to the potential violation of FIFRA at the facility, the EPA is issuing this Notice of Warning (NOW) to Sciessent pursuant to FIFRA Section 9(c)(3), 7 U.S.C. ? 136g(c)(3). The EPA has determined at this time that a NOW is the appropriate enforcement response for the company?s apparent violation of FIFRA, provided that within thirty (30) calendar days of the receipt of this NOW, you or another authorized official of Carillon submits a signed statement indicating that compliance with FIFRA has been achieved and identifying the actions taken to achieve compliance with the requirements set forth above. If this statement is not submitted and/or compliance is not achieved, the EPA may initiate a more formal enforcement action which could include the filing of a complaint and the assessment of a civil penalty. The statement should be submitted by email to the Case Development Officer for this matter, Kimberly Tonkovich, at tonkovich.kimberly@epa.gov.

Defendants (1)

• Sciessent LLCNamed in settlement

Facilities (1)

• SCIESSENT LLC

  100 CUMMINGS CENTER, SUITE 251G, BEVERLY, MA, 01915

  Registry ID: 110070671967

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Sciessent LLCentered 2024-08-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-08-08Enforcement Action Closed
• 2024-08-08Final Order Issued
• 2024-10-04Enforcement Action Data Entered