EPA v. Jay and Kay Company

Case summary

The products are misbranded pursuant to 7 U.S.C. ? 136(q)(1). Importing these products in the shipment referenced above is a violation of FIFRA section 12(a)(1)(F), 7 U.S.C. ? 136j(a)(1)(F), as a distribution or sale of a misbranded device. The shipment that arrived at the border for import is also 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 reports required by the Act. As required by 19 C.F.R. section 12.114, a Notice of Arrival of Pesticides and Devices, EPA form 3540-1, and a copy of one product label must be submitted.

Defendants (1)

• Jay and Kay CompanyNamed in complaintNamed in settlement

Facilities (1)

• JAY AND KAY MANUFACTURING LLC

  72 LOUISE ST, CROSWELL, MI, 48422

  Registry ID: 110044976103

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Jay and Kay Companyentered 2021-06-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-06-29Final Order Issued
• 2021-08-02Enforcement Action Closed
• 2021-08-10Enforcement Action Data Entered