EPA v. Timothy Maccannell (0045)

Case summary

Axcela, EPA Reg. No. 6836-350 was not labeled with the EPA Registered, FIFRA Section 3 labels that are required for registered pesticides. Therefore, the Axcela, EPA Reg. No. 6836-350 presented for import are not registered pursuant to section 3 of FIFRA, 7 U.S.C. ? 136a. Accordingly, importing the Axcela, EPA Reg. No. 6836-350 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 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, the shipment that arrived at the border was also in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N).

Defendants (1)

• Timothy MaccannellNamed in complaintNamed in settlement

Facilities (1)

• TIMOTHY MACCANNELL

  960 MAPLEWOOD AVENUE, PORTSMOUTH, NH, 03801

  Registry ID: 110071948899

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Timothy Maccannell (0045)entered 2025-05-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-05-21Final Order Issued
• 2025-05-28Enforcement Action Closed
• 2025-06-03Enforcement Action Data Entered