EPA v. PREMIER HORTICULTURE LTD. (0066)

Case summary

The ProMix BRK Biofungicide Mycorrhizae is misbranded pursuant to 7 U.S.C. ? 136(q)(1) because it does not bear the registration number assigned under section 7 indicating the establishment in which it was produced. 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. In ACE the Document Imaging System (DIS) had a label uploaded for the product, ?Promix HP?, which is not the product that arrived for importation at the Pembina, North Dakota Port of Entry. Additionally, the EPA Establishment Number listed in ACE contradicted Establishment Number in ACE listed elsewhere. Therefore, the information in ACE was false.

Defendants (1)

• PREMIER HORTICULTURE LTD.Named in complaintNamed in settlement

Facilities (1)

• PREMIER HORTICULTURE LTD.

  200 KELLY ROAD, QUAKERTOWN, PA, 18951

  Registry ID: 110070836166

Statutes cited

• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• PREMIER HORTICULTURE LTD. (0066)entered 2023-09-27

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-09-27Final Order Issued
• 2023-09-28Enforcement Action Closed
• 2023-10-06Enforcement Action Data Entered