EPA v. DBA Sun Noodle 9/30/2020 Air Guard Entry No. 427-73728540 (COVID-19)

Case summary

The importer, Sun Noodle attempted to import a shipment of unregistered. Air Guard disinfectant spray bottles, 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 imported product is unregistered and misbranded. The product label is in Japanese and does not contain an EPA registration number or an EPA establishment number. According to 40 CFR 156.10(a)(1)(iv), the product label must include the product's registration number. The label must also include the producing establishment's registration number in accordance with 40 CFR 156.10(a)(1)(v); and the label text must appear in the English language in accordance with 40 CFR 156.10(a)(3). 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 distribution of a misbranded pesticide is an unlawful act under FIFRA Section 12(a)(1)(E), 7 U.S.C. section 136j(a)(1)(E). The Air Guard disinfectant spray bottles imported by Sun Noodle, are not registered with EPA and do 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)

• H&U Inc. DBA Sun NoodleNamed in complaintNamed in settlement

Facilities (1)

• H&U INC. DBA SUN NOODLE

  1933 COLBURN ST, HONOLULU, HI, 96819

  Registry ID: 110070864585

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• DBA Sun Noodle 9/30/2020 Air Guard Entry No. 427-73728540 (COVID-19)entered 2020-09-30

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-09-30Final Order Issued
• 2020-09-30Enforcement Action Closed
• 2020-10-02Enforcement Action Data Entered