6/26/19 - CONSENT AGREEMENT TO FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT OCT 11, 2018, THE LICENSED CUSTOMS BROKER W.N. EPSTEIN & CO., INC. SUBMITTED AN NOA CONCURRENT WITH THE FILING OF ENTRY DOCUMENTATION VIA THE CBP'S ACE DATA PROCESSING SYSTEM ON BEHALF OF ATTICUS FOR THE IMPORTATION OF ONE SHIPMENT, UNDER ENTRY NUMBER 323-38050480, OF THE PESTICIDE BENTAZON 4 HERBICIDE (EPA REG NO 83520-26) WHICH CONTAINED A TOTAL OF 56 DRUMS, EACH DRUM CONTAINING 264 GALLONS. THE ACE ENTRY PRESENTED TO EPA AS DESCRIBED ABOVE, NOTIFIED THE EPA THAT THE PESTICIDE ENTERED THE U.S. THRU THE PORT OF LONG BEACH, CA, AND WAS ULTIMATELY DESTINED FOR THE PORT OF ATLANTA, GA.
A COPY OF THE PRODUCT LABEL UPLOADED BY EPSTEIN INTO THE ACE SYSTEM FOR THE SHIPMENT OF THE ABOVE-REFERENCED PESTICIDE DID NOT FULLY MATCH THE PESTICIDE'S MOST CURRENT EPA-APPROVED PESTICIDE MASTER LABEL. MORE SPECIFICALLY, THE LABEL WAS MISSING INFO UNDER PERSONAL PROTECTIVE EQUIPMENT, ENGINEERING CONTROL, USER SAFETY PRECAUTIONS, AND DIRECTIONS FOR USE.
ON OCT 12, 2018, EPA NOTIFIED EPSTEIN BY EMAIL THAT THE SHIPMENT SHOULD BE HELD INTACT AT THE PORT OF LONG BEACH AND NOT MOVED OR FURTHER DISTRIBUTED UNTIL FURTHER NOTICE.
BASED ON ITS DETERMINATION THAT DRUMS OF PESTICIDE WERE MISBRANDED, THE EPA DENIED ENTRY OF THE SHIPMENT OF THE PESTICIDE PRODUCT BENTAZON 4 HERBICIDE AND ON OCT 15, 2018, EMAILED A NOTICE OF REFUSAL OF ADMISSION TO ATTICUS AND EPSTEIN T