EPA v. ECOLAB, INC. (006)

Case summary

Peroxide Multi Surface Cleaner and Disinfectant is not registered pursuant to section 3 of FIFRA (7 U.S.C. ? 136a). Therefore, Peroxide Multi Surface Cleaner and Disinfectant is an unregistered pesticide. Importing Peroxide Multi Surface Cleaner and Disinfectant in the shipment referenced above is a violation of FIFRA section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), as a distribution or sale of an unregistered pesticide. 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 (NOA), EPA form 3540-1, and a copy of one product label must be submitted. The NOA that was filed for this shipment was incorrectly filed because it included an EPA registration number of 1677-238 and EPA Establishment Number of 005389NCX001, neither of which is on the product. Therefore, the shipment that arrived at the border was also in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N).

Defendants (1)

• ECOLAB, INC.Named in complaintNamed in settlement

Facilities (1)

• ECOLAB, INC.

  1 ECOLAB PLACE, SAINT PAUL, MN, 55102-2739

  Registry ID: 110070248098

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ECOLAB, INC. (006)entered 2022-11-30

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-11-30Final Order Issued
• 2022-12-05Enforcement Action Closed
• 2022-12-28Enforcement Action Data Entered