EPA v. Quality Performance Limited Corporation (0035)

Case summary

These BuzzBGone Mosquito Zapper units are devices under FIFRA section 2(h), 7 U.S.C. ? 136(h), and 40 C.F.R ? 152.500(a) because they fall within the definition of ?any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest, [which includes virus, bacteria, or other micro-organism,] or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom.? The BuzzBGone Mosquito Zapper units are misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because there is no caution or warning statements on their label. Therefore, these 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. 3 The BuzzBGone Mosquito Zapper units are labeled with EPA Establishment Number 101614-CHN-1, Zhongshan Yijin Electrical Appliances Company, Ltd. This establishment is in violation of FIFRA section 7(c), 7 U.S.C. ? 136e(c), by failing to submit a pesticide production report, EPA form 3540-16, on or before April 29, 2022. 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 correctly 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)

• Quality Performance Limited CorporationNamed in complaintNamed in settlement

Facilities (1)

• QUALITY PERFORMANCE LIMITED CORPORATION

  221 NORTH BROAD STREET, MIDDLETOWN, DE, 19709

  Registry ID: 110071308374

Statutes cited

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

Enforcement conclusions (1)

• Quality Performance Limited Corporation (0035)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