EPA v. Bird Control Systems Corporation

Case summary

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 300-19635656 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: 300-19635656 Product Name: AVIX Autonomic Shipper/Manufacturer: Bird Control Systems BV Consignee: Bird Control Systems Corporation Date of Importation: October 20, 2025 Port of Entry: Port of Port of Atlanta, Georgia ? 1704 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 does not appear to be labeled in accordance with FIFRA ? 2(q)(1). Specifically, the label or labeling includes an EPA Est. No. that is inactive, making the product misbranded. 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 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 has occurred within 90 days after notice of the refusal of delivery or within 90 days after redelivery, as applicable.

Defendants (1)

• Bird Control Systems CorporationNamed in settlement

Facilities (1)

• BIRD CONTROL SYSTEMS CORPORATION

  3207 SW 1ST AVE, PORTLAND, OR, 97239

  Registry ID: 110072081123

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Bird Control Systems Corporationentered 2025-10-28

  Primary law: FIFRA

Timeline (2 milestones)

• 2025-10-28Final Order Issued
• 2025-11-06Enforcement Action Data Entered