EPA v. The Tunneling Company USA (0032)

Case summary

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 (or mixture of substances) 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 40 C.F.R. ? 152.15.) The label for Off Deep Woods Insect Repellant includes pesticidal claims and is thus a pesticide. The label for Off Deep Woods Insect Repellant has the following language ?For Sale in Canada Only?. Off Deep Woods Insect Repellant is not registered under section 3 of FIFRA (7 U.S.C. ? 136a). Therefore, this product cannot be allowed entry into the United States.

Defendants (1)

• The Tunneling Company USANamed in complaintNamed in settlement

Facilities (1)

• THE TUNNELING COMPANY USA

  10812 BALD HILL ROAD SOUTHEAST, YELM, WA, 98597-9592

  Registry ID: 110071308372

Statutes cited

• FIFRA 12A1F — Device Misbranded
• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• The Tunneling Company USA (0032)entered 2022-06-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-06-29Final Order Issued
• 2022-06-30Enforcement Action Closed
• 2022-07-08Enforcement Action Data Entered