EPA v. AG Specialties LLC

Case summary

On or about February 2, 2012, AG Specialties, LLC (AG Specialties) imported 170 - 275 gallon totes of the pesticide StrikeOut Extra (EPA Reg. No. 81142-3) totaling 475,470 pounds of product. The pesticide contains 41% Glyphosate. Based upon inspections of the shipment, the United States Environmental Protection Agency (EPA) determined that the pesticide was in violation of Section 12(a)(2)(E) of FIFRA, 7 U.S.C. § 136j(a)(2)(E), in that the full product label was not prominently place or securely attached to the pesticide container. Section 12(a)(2)(E) of FIFRA, 7 U.S.C. § 136j(a)(2)(E) makes it unlawful for any person to sell or distribute misbranded pesticides. Information collected by EPA and CBP during inspections of the product showed that the required booklet portion of the label was not securely attached to the base label or the pesticide container. Some of the booklets slipped behind a large metal sheet and were unaccessible. The booklet contains the entire Directions For Use sections of the label. This information is required by Section 2(q)(1)(F) of FIFRA, 7 U.S.C. § 136(q)(1)(F), and is crucial to ensuring users apply the product in a way that does not adversely affect human health or the environment. The products are currently being held at Pacific Shipping Company which is located at 4707 Denver Avenue South; Seattle, WA, 98134-2316.

Defendants (1)

• AG Specialties LLCNamed in complaintNamed in settlement

Facilities (1)

• AG SPECIALTIES, LLC

  1762 6TH AVE S, SEATTLE, WA, 98134

  Registry ID: 110005314953

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• AG Specialties LLCentered 2012-08-29

  Primary law: FIFRA

  Federal penalty: $6,320

Timeline (4 milestones)

• 2012-07-17Enforcement Action Data Entered
• 2012-08-29Complaint Filed/Proposed Order
• 2012-08-29Final Order Issued
• 2016-08-01Enforcement Action Closed