10/9/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,100 DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR AROUND FEB 22,2019, THE LICENSED CUSTOMS BROKER JAMES J. BOYLE & CO., FILED ONE ENTRY VIA THE CBP ACE SYSTEM AS ENTRY NUMBER 221-36466442 ON BEHALF OF SUMMIT FOR THE IMPORTATION OF TWO SHIPMENTS, EACH SHIPMENT CONTAINING 20 SUPERSACKS OF THE IMPORTED PESTICIDE PRODUCT TECHNICAL SULFENTRAZONE, AND EACH SUPERSACK WEIGHING 500 kg. THE INFO PROVIDED TO EPA THRU THE CBP ACE SYSTEM INDICATED THAT THE SHIPMENTS WERE SCHEDULED TO ARRIVE INTO THE PORT OF JACKSONVILLE, FL, ON FEB 22, 2019. UPON REVIEW OF THE PRODUCT LABEL THAT WAS UPLOADED INTO THE ACE SYSTEM BY THE BROKER, EPA DETERMINED THAT THE LABEL INCLUDED INCORRECT INFO THAT WAS NOT COMPLIANT WITH THE EPA MASTER LABEL. MORE SPECIFICALLY, THE STORAGE AND DISPOSAL SECTION OF THE EPA-MASTER LABEL INCLUDES SEPARATE DIRECTIONS FOR THE DISPOSAL AND REUSE OF PLASTIC LINED CONTAINERS AND SUPERSACKS; HOWEVER, THE THE STORAGE AND DISPOSAL SECTION OF THE LABEL ON THE IMPORTED SUPERSACKS OF TECHNICAL SULFENTRAZONE, THERE WERE INSTRUCTIONS FOR REUSE/DISPOSAL OF DRUMS ONLY - NONE FOR REUSE/DISPOSAL OF SUPERSACKS.
ON MARCH 8, 2019, EPA INFORMED SUMMIT OF THE FOLLOWING OPTIONS: (1) EXPORT OR DESTROY THE SUPERSACKS; (2) RELABEL THE SUPERSACKS AT AN EPA-REGISTERED ESTABLISHMENT UNDER A STOP SALE, USE, OR REMOVAL ORDER (SSURO); OR (3) RELABEL THE SUPERSACKS AT A BONDED WAREHOUSE THAT IS AN EPA-REGISTERED ESTABLISHMEN