3/12/10 - CIVIL COMPLAINT FILED, PROPOSING A PENALTY OF $18,053.
COUNT 1 - ON OR ABOUT DEC 8, 2005, THE FL DEPT OF AGRICULTURE AND CONSUMER SERVICES CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY. THE FL DEPT OF AGRICULTURE AND CONSUMER SERVIES DOCUMENTED THAT RESPONDENT HAD IMPORTED DAMINOZIDE 85% ON 2 OCCASIONS FROM A FOREIGN PRODUCING ESTABLISHMENT IN CHINA. THE FIRST PURCHASE OF DAMINOZIDE 85% OCCURRED THRU A PURCHASE ORDER DATED FEB 25, 2005 AND WAS RECEIVED IN MIAMI ON OR AFTER MAY 11, 2005. RESPONDENT IMPORTED 121 KILOGRAMS. RESPONDENT EXPORTED DAMINOZIDE 85% TO SOUTH AMERICA. EPA HAS NO RECORD OF RESPONDENT FILING AN NOA FOR THE DAMINOZIDE 85%. RESPONDENT DID NOT SUBMIT AN NOA TO EPA PRIOR TO THE ARRIVAL OF THE SHIPMENT OF DAMINOZIDE 85%. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(N) BY FAILING TO FILE A REPORT REQUIRED BY FIFRA SECION 17(e).
COUNT 2 - THE SECOND IMPORTATION OCCURRED ON OR AROUND OCT 22, 2006, RESPONDENT SUBMITTED AN NOA TO EPA REGION 4 FOR THIS IMPORTATION ON OR AROUND NOV 29, 2005. EPA REGION 4 DENIED ENTRY FOR THIS IMPORTATION OR OR AROUND DEC 1, 2005. HOWEVER, RESPONDENT HAD RECEIVED THIS SHIPMENT ON OR AROUND NOV 2, 2005. THE DAMINOZIDE 85% WAS A PESTICIDE THAT WAS NOT REGISTERED UNDER SEC 3 OF FIFRA. AT THE TIME OF IMPORTATION, THE FOREIGN PRODUCING ESTATBLISHMENT IN CHINA WAS NOT REGISTERED UNDER FIFRA SEC 7. THE DAMINOZIDE 85% WAS NOT LABELED IN ACCORDANCE WITH EPA LABELING REQUIREMENTS. RESPONDENT REPACKAGED SOME OF THE DAMINOZIDE 85%