EPA v. Kwik Tek Inc. (0013)

Case summary

These statements demonstrate a pesticidal intent pursuant to the definitions above. Based on the information provided, the Pureline Crystal Pure 3.0 Salt Systems in the shipment referenced above fall within the definition of devices under FIFRA section 2(h), 7 U.S.C. ? 136(h), and 40 C.F.R ? 152.500(a) as ?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.? The 790 Pureline Crystal Pure 3.0 Salt Systems in the shipment referenced above are misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because the labels bear no EPA Establishment Number. Accordingly, based on the information provided, importing the 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 (NOA), EPA form 3540-1, and a copy of one product label must be submitted. Therefore, these pesticide products in the shipment referenced above should not be allowed entry into the United States.

Defendants (1)

• Kwik Tek Inc.Named in complaintNamed in settlement

Facilities (1)

• KWIK TEK INC.

  12000 E 45TH AVENUE, DENVER, CO, 80239-3118

  Registry ID: 110071909644

Statutes cited

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

Enforcement conclusions (1)

• Kwik Tek Inc. (0013)entered 2025-03-13

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-03-13Final Order Issued
• 2025-03-21Enforcement Action Closed
• 2025-03-25Enforcement Action Data Entered