EPA v. CAP IM Supply N.O.R.A

Case summary

U.S. Environmental Protection Agency, Region 9 (EPA) is informing the Bureau of Customs and Border Protection of the U.S. Department of Homeland Security (CBP) that the pesticides contained in the import shipment described below should be Denied Entry-Refused Delivery into the United States pursuant to the authority of Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136o(c), and the implementing regulations at 19 C.F.R. 12.114. An electronic alternative to the Notice of Arrival was filed in the Automated Commercial Environment (ACE) in accordance with 19 C.F.R. 12.112. The entry was marked Refused in ACE by EPA on January 7, 2020. Denial letter sent to Customs and Border Protection. Refused entry to 20 kg Nylar/Pyriproxyfen in 1 drum, 2,015 kg Permethrin in 11 drums, and 937kg Imidacloprid in 38 drums. All 3 pesticide products were unregistered, constituting a violation of FIFRA Section 12(a)(1)(A), 7 U.S.C. Section 136j(a)(1)(A). In addition, the Imidacloprid was misbranded in a number of ways, constituting a violation of FIFRA Section 12(a)(1)(E), 7 U.S.C. Section 136j(a)(1)(E). Entire shipment destroyed on 2/25/2020.

Defendants (1)

• CAP IM SupplyNamed in settlement

Facilities (1)

• CAP IM SUPPLY, INC.

  2711 E DOMINGUEZ ST, LONG BEACH, CA, 90810

  Registry ID: 110070672127

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• CAP IM Supply N.O.R.Aentered 2020-01-07

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-01-07Final Order Issued
• 2020-01-07Enforcement Action Closed
• 2020-01-09Enforcement Action Data Entered