EPA v. Vestergaard SARL

Case summary

FIFRA NOW: 1/28/2026 Vestergaard SARL Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3520 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 Vestergaard SARL, pursuant to Section 9(c)(3) of FIFRA, 7 U.S.C. ? 136g(c)(3) which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Vestergaard SARL violated FIFRA Section 12(a)(1)(A) by distributing or selling unregistered pesticides. On or around January 11, 2026, Hellmann Worldwide Logistics, Inc., the licensed customs broker for Vestergaard SARL, filed for entry using the U. S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE) Data Processing System for the importation of the unregistered pesticide product, Deltamethrin 0.4% Incorporated PE Screen-6ft IPC500, under entry number MC2- 80520164. The shipment arrived at the Port of Miami International Airport, Florida (Port Code 5206) on or around January 13, 2026. The entry included 5 bags of the pesticide product above, each weighing approximately 7.6 kilograms, for a total of 38 kilograms. A copy of the label affixed to the imported product was uploaded to the ACE Document Image System (DIS). After reviewing the product label that was uploaded to DIS, the EPA determined that the pesticide product was not labeled in accordance with 40 C.F.R. part 156. Specifically, the net content of the container was not listed in avoirdupois pounds and ounces. Pursuant to 40 C.F.R. ? 156.10(a)(1), every pesticide product must bear a label that clearly and prominently shows the information specified therein, including, but not limited to: (iii) The net contents as prescribed in 40 C.F.R. ? 156.10(d). Wherein 40 C.F.R. ? 156.10(d)(3) states if the pesticide is solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces. Because the unregistered pesticide product was not labeled in accordance with 40 C.F.R. Part 156 upon importation, its distribution was not done in accordance with the provisions of 40 C.F.R. ?? 172.3 and 152.30(c)(2). Therefore, its distribution constitutes the distribution or sale of unregistered pesticides. Pursuant to FIFRA Section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), it is unlawful for any person to distribute or sell to any person any pesticide that is not registered under section 3 or whose registration has been canceled or suspended. This NOW only resolves Vestergaard SARL?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 Vestergaard SARL 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)

• Vestergaard SARLNamed in complaintNamed in settlement

Facilities (1)

• THE PORT OF MIAMI - IMPORTER VESTERGAARD SARL

  1015 N AMERICAN WAY, MIAMI, FL, 33132

  Registry ID: 110010115687

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Vestergaard SARLentered 2026-01-28

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-01-28Enforcement Action Closed
• 2026-01-28Final Order Issued
• 2026-01-29Enforcement Action Data Entered