EPA v. Lash Lift Store (COVID-19)

Case summary

The shipment that arrived at the border for import is in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N), because a registrant, wholesaler, dealer, retailer, or other distributor failed to file a report. As required by 19 C.F.R. ?12.114, a Notice of Arrival of Pesticides and Devices, EPA form 3540-1, must be submitted. A Notice of Arrival was not submitted either electronically or via the CBP authorized electronic data interchange system. The shipment that arrived at the border for import was in violation of FIFRA section 12(a)(1)(A) (7 U.S.C. ? 136j(a)(1)(A)), which states that it is unlawful for any person to distribute or sell any pesticide that is not registered under section 3 of FIFRA (7 U.S.C. ? 136a). Under FIFRA, a pesticide is any substance (including antimicrobials) intended for a pesticidal purpose, i.e., use for the purpose of preventing, destroying, repelling, or mitigating any pest or use as a plant regulator, defoliant, or desiccant. (See 7 U.S.C. ? 136(u), 40 C.F.R. ? 152.15.)

Defendants (1)

• Lash Lift StoreNamed in complaintNamed in settlement

Facilities (1)

• LASH LIFT STORE

  144 WEST BRIGHAM ROAD, SAINT GEORGE, UT, 84790

  Registry ID: 110070923832

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Lash Lift Store (COVID-19)entered 2021-03-11

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-03-11Final Order Issued
• 2021-03-29Enforcement Action Closed
• 2021-04-19Enforcement Action Data Entered