EPA v. Ecolab Production LLC

Case summary

FIFRA NOW: 6/3/2026 Ecolab Production LLC Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3973 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 Ecolab Production LLC, 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 Ecolab Production LLC violated FIFRA Section 12(a}(l}(A} by distributing an unregistered pesticide. Based on the statements made on the label and labeling of the Nodsan EAS, the product is intended for destroying or mitigating microbial pests and is therefore a pesticide device as defined in Section 2(h) of FIFRA, 7 U.S.C. ? 136(h). On or around May 20, 2026, the EPA reviewed its own databases for registered pesticides and did not find a registration for Nodsan EAS. Therefore, the EPA determined that the product was not registered under FIFRA Section 3. The EPA also determined that the importation of the product into the United States constituted a distribution or sale, as that term is defined in Section 2(gg) of FIFRA, 7 U.S.C. ? 136(gg). Pursuant to FIFRA Section 12(a)(l)(A), 7 U.S.C. ? 136j(a)(l)(A), it is unlawful for any person to distribute or sell to any person any pesticide that is not registered under Section 3 of FIFRA, or whose registration has been canceled or suspended. Additionally, during a review of all entry documents related to the shipment, the EPA noted that a Notice of Arrival of Pesticides and Devices (EPA form 3540-1) was not filed with the EPA prior to the arrival of the shipment. Pursuant to Section 17(c) FIFRA, 7 U.S.C. ? 136o(c), and 19 C.F.R. ? 12.112, an importer (or its agent) desiring to import pesticides or pesticide devices into the United States is required to submit to the EPA Administrator a Notice of Arrival of Pesticides and Devices prior to the arrival of the shipment(s) into the United States, or the importer or its agent may file an electronic alternative to the Notice of Arrival, with the filing of the entry documentation, via the U.S. Customs and Border Protection's (CBP) Automated Commercial Environment (ACE) Data Processing System. Pursuant to FIFRA Section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N), it is unlawful for any person who is a registrant, wholesaler, dealer, retailer, or other distributor to fail to file reports required by this Act. This NOW only resolves Ecolab Production LLC'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 Ecolab Production LLC 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)

• Ecolab Production LLCNamed in settlement

Facilities (1)

• PORT OF ATLANTA (1704): BASF AGRICULTURAL SOLUTIONS US LLC OUT OF NJ

  157 TRADEPORT DRIVE, ATLANTA, GA, 30354

  Registry ID: 110072155236

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Ecolab Production LLCentered 2026-06-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-06-03Enforcement Action Closed
• 2026-06-03Final Order Issued
• 2026-06-04Enforcement Action Data Entered