EPA v. Quest USA - 6/19/2020 Shipment # 820-87971303 (COVID-19)

Case summary

On June 8, the importer attempted to import a shipment of Alcohol Wipes. Documentation provided by the importer showed that the label on the Alcohol Wipes can be used on cell phones, on shopping carts, and when traveling on airplanes. The label includes a claim with stay safe on the go, implying that it is effective against public health organisms or microbes that can harm humans. Based on these claims, the Alcohol Wipes within this entry are pesticides pursuant to Section 2(u) of FIFRA, 7 U.S.C. Section 136(u) and 40 C.F.R. Section 152.15. The label did not contain an EPA registration number or an EPA establishment number. These Alcohol Wipes are not registered with EPA and do not meet an exemption for lawful entry. Therefore, this product cannot be allowed entry into the United States. Additionally, the Alcohol 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)

• Quest USANamed in complaintNamed in settlement

Facilities (1)

• QUEST USA CORP

  495 FLATBRUSH AVE, BROOKLYN, NY, 11225

  Registry ID: 110070814826

Statutes cited

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

Enforcement conclusions (1)

• Quest USA - 6/19/2020 Shipment # 820-87971303 (COVID-19)entered 2020-06-19

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-06-19Final Order Issued
• 2020-06-19Enforcement Action Closed
• 2020-09-23Enforcement Action Data Entered