EPA v. Madeleine - Advion Cockroach Gel Bait - 8SS-20008658 9/21/2020

Case summary

The importer, Madeleine, Inc., attempted to import a shipment of Syngenta Advion Cockroach Gel Bait product into the United States. Upon review of the product, CBP contacted EPA for product disposition. EPA requested that the broker provide a NOA, as is required per 19 CFR 12.112, but a NOA was not furnished. Regulations require importers desiring to import pesticides or devices into the United States to submit EPA Form 3540-1, or its electronic equivalent via the Automated Commercial Environment (ACE), to the EPA prior to the arrival of the shipment in the United States. EPA also conferred with the registrant, Syngenta, and determined that the Advion Cockroach Gel Bait was not produced by them or under contract with them and is therefore 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). Based upon the evidence provided by CBP and Syngenta and the failure of the broker and the importer to file a timely NOA, the 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)

• Madeleine, Inc.Named in complaintNamed in settlement

Facilities (1)

• MADELEINE, INC.

  821 S. BOWEN STREET, LONGMOUNT, CO, 80501

  Registry ID: 110070836020

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Madeleine - Advion Cockroach Gel Bait - 8SS-20008658 9/21/2020entered 2020-09-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-09-21Final Order Issued
• 2020-09-21Enforcement Action Closed
• 2020-09-30Enforcement Action Data Entered