EPA v. FEDEX TRADE NETWORKS TRANSPORT AND BROKERAGE (0015)

Case summary

The PA 2500 Industrial Ozone Generators 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.? In addition, the PA 2500 Industrial Ozone Generators are misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because there is no EPA Establishment Number, no directions for use, and no caution or warning statements on their labels. Finally, 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. ?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)

• FEDEX TRADE NETWORKS TRANSPORT AND BROKERAGENamed in complaintNamed in settlement

Facilities (1)

• FEDEX TRADE NETWORKS TRANSPORT AND BROKERAGE

  555 RIVERWALK PARKWAY, TONAWANDA, NY, 14150

  Registry ID: 110070814834

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• FEDEX TRADE NETWORKS TRANSPORT AND BROKERAGE (0015)entered 2024-02-16

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-02-16Final Order Issued
• 2024-02-22Enforcement Action Closed
• 2024-02-27Enforcement Action Data Entered