EPA v. Automotive Parts & Tools Inc.

Case summary

The Ozone Water Purification System is misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because there is no EPA Establishment Number, there are no directions for use, and no caution or warning statements on their labels. 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 correctly file reports required by the Act. As required by 19 C.F.R. ? 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)

• Automotive Parts & Tools Inc.Named in complaintNamed in settlement

Facilities (1)

• AUTOMOTIVE PARTS & TOOLS INC.

  3101 NW 32 AVENUE, MIAMI, FL, 33142

  Registry ID: 110071369054

Statutes cited

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

Enforcement conclusions (1)

• Automotive Parts & Tools Inc.entered 2022-12-17

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-12-17Final Order Issued
• 2023-01-23Enforcement Action Data Entered
• 2024-12-05Enforcement Action Closed