EPA v. Smart Warehousing (0010)

Case summary

Coghlan?s Citronella Candle is not registered pursuant to section 3 of FIFRA, 7 U.S.C. ? 136a. Therefore, Coghlan?s Citronella Candle is an unregistered pesticide. Importing Coghlan?s Citronella Candle 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 file reports required by FIFRA. 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. Neither a Notice of Arrival nor an image of the label was submitted either electronically or via the CBP authorized electronic data interchange system. Therefore, it cannot be allowed entry into the United States.

Defendants (1)

• Smart WarehousingNamed in complaintNamed in settlement

Facilities (1)

• SMART WAREHOUSING

  18905 KILL CREEK ROAD, EDGERTON, KS, 66021

  Registry ID: 110071654857

Statutes cited

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

Enforcement conclusions (1)

• Smart Warehousing (0010)entered 2024-02-02

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-02-02Final Order Issued
• 2024-02-06Enforcement Action Closed
• 2024-02-13Enforcement Action Data Entered