EPA v. BURLINGTON SCIENTIFIC CORPORATION AND SCHENKER, INC.

Case summary

BOTH THE IMPORTER, BURLINGTON SCIENTIFIC CORPORATION, AND THE BROKER, SCHENKER, INC. HAVE BEEN FOUND TO BE DISTRIBUT- ING ?IMPORTING FROM CHINA? 330/300 LB CONTAINERS WITH THE PESTICIDE, CARBARYL, THAT DO NOT BEAR THE EPA ACCEPTED LABEL FOR THIS PESTICIDE PRODUCT AND HAVE FILED TWO FALSE REPORTS, NOTICES OF ARRIVAL OF PESTICIDES AND DEVICES ?EPA FORM 3540- 1?, WITH THE U.S. EPA. PTES HAS DETAINED THE IMPORT SHIP- MENTS AT A U.S. CUSTOMS SERVICE BONDED WAREHOUSE AND HAVE TOLD THE IMPORTER THAT THE GROSSLY MISBRANDED PESTICIDE MUST EITHER BE RETURNED TO THE COUNTRY OF ORIGIN ?CHINA? AND THE EPA REGISTERED ESTABLISHMENT WHERE THIS PRODUCT WAS PRODUCED AND PACKAGED, OR THE IMPORTER AND BROKER CAN SIGN A CAFO STIPULATING TO THE FACTS AND ALLEGATIONS OF THE CASE, AGREE TO PAY A PENALTY, AND IMMEDIATELY RECTIFY THE UNLAWFUL SITUA TION AS PRESCRIBED IN A CAFO. THE IMPORTER WISHED TO PURSUE THE CONSENT AGREEMENT ROUTE.

Defendants (1)

• BURLINGTON SCIENTIFIC CORPORATIONNamed in settlement

Facilities (1)

• BURLINGTON SCIENTIFIC CORP AND SCHENKER, INC.

  3001 S RIDGELAND AVE, BERWYN, IL, 60402

  Registry ID: 110012286436

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BURLINGTON SCIENTIFIC CORPORATIONentered 2002-03-15

  Primary law: FIFRA

  Federal penalty: $8,250

Timeline (3 milestones)

• 2002-02-20Enforcement Action Data Entered
• 2002-03-15Complaint Filed/Proposed Order
• 2002-03-15Final Order Issued