EPA v. Homesmart Energy Inc. Entry Number 9LR-10665590 6/30/2020 (COVID-19)

Case summary

The Luxury Driver Antibacterial Wipes described above is an unregistered pesticide. The distribution of an unregistered pesticide is an unlawful act under FIFRA Section 12(a)(1)(A), 7 U.S.C. section 136j(a)(1)(A). All pesticides are required to be registered with EPA before their entry into the United States (unless certain exemptions are met), and pesticides entering the United States cannot be misbranded. Therefore, this entry is denied pursuant to Section 17(c) of FIFRA 7 U.S.C. section 136o(c). Additionally, the Luxury Driver Antibacterial Wipes did not bear an EPA establishment number and it is unlawful for a producer to produce a pesticide in an unregistered establishment pursuant to Section 12(a)(2)(L) of FIFRA, 7 U.S.C. section 136j(a)(2)(L).Finally, the Notice of Arrival of Pesticides and Devices was not filed on EPA Form 3540-1 in accordance with 19 C.F.R. section 12.112. Failure to file a report required by the Act is a violation of FIFRA Section 12(a)(2)(N), 7 U.S.C. section 136(j)(a)(2)(N).

Defendants (1)

• Homesmart Energy Inc.Named in complaintNamed in settlement

Facilities (1)

• HOMESMART ENERGY INC.

  339 PASEO TESORO, WALNUT, CA, 91789

  Registry ID: 110070836369

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Homesmart Energy Inc. Entry Number 9LR-10665590 6/30/2020 (COVID-19)entered 2020-06-30

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-06-30Enforcement Action Closed
• 2020-06-30Final Order Issued
• 2020-09-23Enforcement Action Data Entered