2/21/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $74,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT JUNE 6, 2016, THE EPA RECEIVED A NOA FROM RESPONDENT REQUIRESTING PERMISSION FOR ENTRY OF A PESTICIDE PRODUCT ETHOFUMESATE TECHNICAL INTO THE UNITED STATES THROUGH THE PORT OF CHARLESTON, SOUTH CAROLINA. THE RESPONDENT'S PESTICIDE PRODUCT SHIPMENT OF ETHOFUMESATE TECHNICAL ARRIVED AT THE PORT OF CHARLESTON, SOUTH CAROLINA ON JUNE 9, 2016. THE EPA REVIEW OF THE NOA SUBMITTED BY THE RESPONDENT REVEALED THAT THE EPA PRODUCER ESTABLISHMENT NUMBER INCLUDED ON THE NOA WAS CANCELLED ON OR ABOUT FEBRUARY 12, 2012. FURTHER, THE EPA DISCOVERED THAT THE IDENTICAL INACTIVE EPA PRODUCER ESTABLISHMENT NUMBER WAS INCLUDED ON FOUR ADDITIIONAL SEPARATE NOAs SUBMITTED BY THE RESPONDENT TO THE EPA AFTER FEBRUARY 12, 2012, FOR THE IMPORTATION OF THE SAME PESTICIDE PRODUCT LISTED IN THE NOA SUBMITTED JUNE 6, 2016.
PURSUANT TO SECTION 12(a)(2)(N) OF FIFRA, IT IS UNLAWFUL FOR A REGISTRANT, WHOLESALER, DEALER, RETAILER, OR OTHER DISTRIBUTOR TO FAIL TO FILE ANY REPORTS REQUIRED BY THIS ACT. A NOA IS A REPORT THAT MUST BE FILED WITH THE EPA IN ACCORDANCE WITH SECTION 12(a)(2)(N).
RESPONDENT FAILED TO SUBMIT ACCURATE NOAs TO THE EPA PRIOR TO THE IMPORTATION OF THE PESTICIDE SHIPMENTS INTO THE UNITED STATES. THEREFORE, THE EPA ALLEGES THAT RESPONDENT
VIOLATED SECTION 12(a)(2)(N) OF FIFRA.
IN 2013, 2014 AND 2015, RESPONDENT SUBMIT