4/8/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $23,040. PENALTY DUE WITHIN 30 DAYS OF EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON OR AROUND OCTOBER 6, 2016, THE PESTICIDE CARAVEL HERBICIDE (CARAVEL) WAS REGISTERED WITH THE EPA. IN THE EPA-APPROVED LABEL FOR THE PRODUCT, THE STORAGE AND DISPOSAL SECTION INCLUDES A CONTAINER HANDLING SUBSECTION THAT INCLUDES APPROVED LANGUAGE DEPENDING ON A CONTAINER'S VOLUMETRIC CAPACITY IDENTIFIED AS SMALL CAPACITY TEXT OR LARGE CAPACITY TEXT.
ON OR AROUND SEPTEMBER 5, 2024, DSV AIR & SEA INC. (DSV), THE LICENSED CUSTOMS BROKER FOR SIPCAM AGRO USA, INC. (RESPONDENT), FILED AN ELECTRONIC ALTERNATIVE TO A NOA USING CBP'S ACE DATA PROCESSING SYSTEM FOR ONE IMPORTED SHIPMENT OF PESTICIDAL PRODUCT CARAVEL (THE FIRST SHIPMENT). THE FIRST SHIPMENT ARRIVED ON OR AROUND SEPTEMBER 10, 2024, AT THE PORT OF MOBILE, ALABAMA. ON OR AROUND SEPTEMBER 6, 2024, AS REQUESTED BY THE EPA, DSV UPLOADED ALL ENTRY DOCUMENTATION INCLUDING PRODUCT LABELING FROM THE RESPONDENT TO CBP'S DOCUMENT IMAGE SYSTEM (DIS) FOR REVIEW OF THE ENTRY. THE EPA REVIEWED THE PRODUCT LABEL AND FOUND THAT THE TEXT OF THE CONTAINER HANDLING AND STORAGE AND DISPOSAL SECTIONS OF THE DIRECTIONS FOR USE WAS THE SMALL CAPACITY TEXT. ON OR AROUND SEPTEMBER 9, 2024, RESPONDENT NOTIFIED THE EPA THAT THREE ADDITIONAL SHIPMENTS OF CARAVEL, ALL OF WHICH WERE ALSO LABELED IN THE SAME WAY AS THE FIRST SHIPMENT, WERE BEING IMPORTED INTO THE U.S.
DSV FI