EPA v. David Hoang - Virus Shut Out - 3/26/2020 (COVID-19)
Final Order No Penalty
Case summary
The importer, David Hoang, attempted to import a shipment of unregistered Virus Shut Out cards into the United States. All pesticides are required to be registered with EPA before their entry into the United States, unless certain exemptions are met, pursuant to Section 3 of FIFRA (see Section 17 of FIFRA, 7 U.S.C. section 136o(c)). The distribution of an unregistered pesticide, without an exemption, is an unlawful act under FIFRA Section 12(a)(1)(A), 7 U.S.C. section 136j(a)(1)(A). The Virus Shut Out product is not registered with EPA and does not meet any exemption for lawful entry. Therefore, this product cannot be allowed entry into the United States and should be denied pursuant to Section 17(c) of FIFRA,7 U.S.C. section 136o(c).
Defendants (1)
- David HoangNamed in complaintNamed in settlement
Facilities (1)
DAVID HOANG
3295 PLACIDO COURT, SAN JOSE, CA, 95135
Registry ID: 110070836209
Statutes cited
- FIFRA 12A1A — Unregistered Pesticide
Enforcement conclusions (1)
David Hoang - Virus Shut Out - 3/26/2020 (COVID-19)entered 2020-03-26
Primary law: FIFRA
Timeline (3 milestones)
- 2020-03-26Final Order Issued
- 2020-03-26Enforcement Action Closed
- 2020-09-21Enforcement Action Data Entered
Case metadata
- EPA activity ID
- 3602290425
- Case number
- 09-2020-4408
- Lead agency
- EPA
- EPA region
- 09
- Voluntary self-disclosure
- No
- Primary statute
- Unregistered Pesticide
Sourced verbatim from EPA ECHO Enforcement Case Report for case 09-2020-4408 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.