1/24/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $22,000. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON OR AROUND APRIL 15, 2021, THE LICENSED CUSTOMS BROKER BDP WORLD HOUSTON FILED ENTRIES VIA THE CBP ACE SYSTEM ON BEHALF OF AGLOGIC FOR THE IMPORTATION OF TWO SHIPMENTS OF THE PESTICIDE PRODUCT. AFTER A REVIEW OF THE PRODUCT LABELS, THE
EPA DETERMINED THAT WHILE THE LABELS MATCHED THE EPA-APPROVED LABEL FROM 2012, THEY DID NOT MATCH THE EPA-APPROVED LABEL FROM AUGUST 23, 2019, OR THE MOST RECENT EPA-APPROVED LABEL DATED JANUARY 12, 2021. THE LABELS DID NOT INCLUDE THE HAZARD AND PRECAUTIONARY LANGUAGE REQUIRED BY THE EPA-APPROVED LABEL THAT WAS NECESSARY FOR ENSURING THAT THE PRODUCT IS USED IN A MANNER THAT IS PROTECTIVE OF HEALTH AND THE ENVIRONMENT. THEREFORE, THE PRODUCT, AS IMPORTED, WAS MISBRANDED PURSUANT TO SECTION 2(Q)(1)(G) OF FIFRA, 7 U.S.C. ? 136(Q)(1)(G).
THE EPA ALLEGES THAT BY IMPORTING AND DISTRIBUTING THE MISBRANDED PESTICIDE PRODUCT, AGLOGIC ALDICARB TECHNICAL, AS DESCRIBED , THE RESPONDENT VIOLATED SECTION 12(A)(1)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E).