EPA v. Quest USA - 7/9/2020 Shipment # 820-87976567 (COVID-19)

Case summary

The quantity of BioPure Wipes is 1,512 containers of 36 pieces, totaling 54,432 packages of wipes and 13,820 kilograms. 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). The BioPure Wipes had no EPA registration number, nor an EPA establishment number. These BioPure Wipes are not registered with EPA and do not meet an exemption for lawful entry. Therefore, these products cannot be allowed entry into the United States. Additionally, the BioPure 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). As stated above, the Notice of Arrival of Pesticides and Devices (EPA Form 3540-1) was not filed for any entry 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 - 7/9/2020 Shipment # 820-87976567 (COVID-19)entered 2020-07-09

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-07-09Enforcement Action Closed
• 2020-07-09Final Order Issued
• 2020-09-23Enforcement Action Data Entered