EPA v. Clarke Mosquito Control Products

Case summary

FIFRA NORA: 6/8/2026 NOTICE OF RECOMMENDATION TO REFUSE ADMISSION Consignee: Clarke Mosquito Control Products Entry Number: 408-01581304 Product(s): AquaBac XT 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 408-01581304 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: 408-01581304 Product Name(s): AquaBac XT Shipper/Manufacturer: Proventus Bioscience Inc. Consignee: Clarke Mosquito Control Products Date of Importation: May 31 2026 Port of Entry: Port of Cincinnati, Ohio - 4102 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)(A) 7 U.S.C. ? 136j(a)(1)(A): To sell or distribute to any person any pesticide that is not registered under Section 3 or whose registration has been cancelled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under FIFRA. 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)

• Clarke Mosquito Control ProductsNamed in settlement

Facilities (1)

• U.S. CUSTOMS AND BORDER PROTECTION IMPORTER: CLARKE MOSQUITO CONTROL PRODUCTS

  4243 OLYMPIC BLVD,, ERLANGER, KY, 41018

  Registry ID: 110072219531

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Clarke Mosquito Control Productsentered 2026-06-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-06-08Final Order Issued
• 2026-06-08Enforcement Action Closed
• 2026-06-09Enforcement Action Data Entered