EPA v. PREMIER HORTICULTURE LTD. (0013)

Case summary

The ProMix FPX Biofungicide 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. ?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 DIS had a label uploaded for the product, that states, ?74267-CAN-001/002/003/004?, without delineating which of those establishments listed is the applicable establishment number. The information in ACE is 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
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• PREMIER HORTICULTURE LTD. (0013)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