EPA v. Dragon Run Ag Services

Case summary

FIFRA NORA: 4/6/2026 NOTICE OF RECOMMENDATION TO REFUSE ADMISSION Consignee: Dragon Run Ag Services Entry Number: 1FX-50058352 Product(s): Averland FC (EPA Reg No 89118-10) 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 1FX-50058352 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: 1FX-50058352 Product Name(s): Averland FC (EPA Reg No 89118-10) Shipper/Manufacturer: Vive Crop Protection Consignee: Dragon Run Ag Services Date of Importation: March 30, 2026 Port of Entry: Port of Memphis, Tennessee(Port 2095) 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)(E), 7 U.S.C ? 136j(a)(1)(E): To sell or distribute a pesticide that is misbranded. Specifically, the pesticide product label is not labeled in accordance with 40 CFR 156.10(a)(1)(viii). ? FIFRA ? 12(a)(2)(N), 7 U.S.C ? 136j(a)(2)(N): Failure to file reports required by the Act. The importer or the importer's agent did not file or did not complete: o A Notice of Arrival of Pesticide and Devices (NOA) EPA Form 3540-1 prior to the arrival of the shipment in the U.S. or; o An electronic alternative to the NOA filed with the entry documentation via any CBP authorized electronic data interchange system. 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(s) 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(s) has occurred within 90 days after notice of the refusal of delivery or within 90 days after redelivery, as applicable.

Defendants (1)

• Dragon Run Ag ServicesNamed in settlement

Facilities (1)

• DRAGON RUN AG SERVICES

  877 ROUNTREE CRESCENT, SUFFOLK, VA, 23434

  Registry ID: 110062626573

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Dragon Run Ag Servicesentered 2026-04-06

  Primary law: FIFRA

Timeline (2 milestones)

• 2026-04-06Final Order Issued
• 2026-04-09Enforcement Action Data Entered