Pesticides Imports Enforcement
The Label is the Law
Section 17 of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), regulates the importation of pesticides and devices into the United States to ensure that only compliant products enter into the U.S. marketplace. Illegal importation of noncompliant pesticide products or devices can result in pesticide misuse, illegal residues on food crops, human injury or exposure, and environmental damage.
The EPA enforces requirements under FIFRA that govern the distribution, sale and use of pesticides or devices. In an imports context, the EPA takes enforcement actions to address the:
- distribution or sale of unregistered pesticides,
- registered pesticides whose composition differs from that submitted at registration, and
- registered pesticides that are misbranded or adulterated.
Enforcement actions include:
- denial of entry,
- issuing a Stop Sale, Use or Removal Order (SSURO) prohibiting the person who owns, controls, or has custody of a violative pesticide or device from selling, using, or removing that products,
- notices of warning,
- penalties for illegal distribution
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Weatherford International Case: This imported pesticide product did not have an EPA approved label affixed to the containers. Proper labeling on a pesticide container with its accompanying instructions is a key requirement of pesticide regulation.
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Willowood Case: The pesticide product’s accompanying product booklet was not attached to the immediate container as required under FIFRA. Under FIFRA, “all label and all other written, printed, or graphic matter” must be securely attached to the pesticide container.
Resource: Pesticide Registration Label Review Manual: Chapter 3: General Labeling Requirements (pdf)
| Company | Description | Violation | Issued/Filed Date |
|---|---|---|---|
| AMVAC Chemical Corporation |
Shipment details: Restricted use pesticides containing dimethyl tetrachloroterephthalate (DCPA or dacthal), for which the EPA issued an emergency suspension order. Action taken: Consent Agreement and Final Order (CAFO) with a $5,337 civil penalty. |
Distribution (import) of unregistered pesticides (cancelled). | August 2024 |
| FSHS, Inc |
Shipment details: UV water sterilizers. Action taken: Consent Agreement and Final Order (CAFO) with a $59,400 civil penalty. |
Distribution (import) of misbranded pesticide devices and failure to file reports (Notice of Arrival (NOA)). | April 2024 |
| Walmart, Inc |
Shipment details: Nine shipments of citronella candles. Action Taken: Consent Agreement and Final Order (CAFO) with a $49,500 civil penalty. |
Distribution (import) of misbranded pesticides. | February 2024 |
| Tzumi Electronics, LLC / Enchante Accessories, Inc |
Shipment details: Ultraviolet (UV) pesticide devices. Action taken: Consent Agreement and Final Order (CAFO) with a $1,500,000 civil penalty. |
Sale and distribution (import) of misbranded pesticide devices and failure to file reports (Notice of Arrival (NOA)). | August 2023 |
| Abatement Technologies, Inc |
Shipment details: HEPA-CARE Air Purification Systems, Canister HEPA Filter with Built In UVGI Germicidal Lamp, Bulldog BD2KM Negative Air Machines, HEPA-AIRE PAS750 Portable Air Scrubbers, HEPA-AIRE PAS2400 Portable Air Scrubbers, Predator 750 Portable Air Scrubbers, and Predator 1200 Portable Air Scrubber. Action taken: Consent Agreement and Final Order (CAFO) with a $151,040 civil penalty |
Distribution (import) of misbranded pesticide devices and failure to file reports (Notice of Arrival (NOA)). | June 2023 |
| Target Corporation |
Shipment details: Hoover Steam Mops, pesticide devices. Action taken: SSURO |
Sale and distribution (import) of misbranded pesticide devices. | May 2023 |
| Pelgar USA Corporation |
Shipment details: Brigand SB Soft Bait Rodenticide and Brigand WB Wax Block Rodenticide. Action taken: Consent Agreement and Final Order (CAFO) with a $125,000 civil penalty ($125,468.75 with interest) |
Distribution (import) and sale of misbranded pesticide with a composition that differs from what was described during registration. | February 2023 |
| Bonide Products, LLC |
Shipment Details: Captan Technical, a fungicide containing the active ingredient N-trichloromethylthio-4-cyclohexene-1,2-dicarboximide. Mastercrop, a fungicide containing the active ingredient Copper sulfate pentahydrate. Action taken: Consent Agreement and Final Order (CAFO) with a $24,666 civil penalty. |
Distribution (import) of unregistered and misbranded pesticides. | August 2022 |
| Luma Hydration, Inc |
Shipment Details: Luma Bottle/UV-C (Germicidal UV or Ultraviolet-C) Light Action taken: SSURO |
Distribution (import) and sale of misbranded pesticide devices. | August 2022 |
| Qiagen Sciences, LLC |
Shipment Details: 9001795 QIAcube HT/QIAxtractor Action taken: Consent Agreement and Final Order (CAFO) with a $53,400 civil penalty. |
Failure to file reports (Notice of Arrival (NOA)) for imported pesticide devices. |
May 2022 |
| Corteva Agriscience, LLC |
Shipment Details: DuPont Zorvec Technical, Telone II, Isoxaben Technical, DuPont Vydate L, Oxamyl Technical, Lesco 4 Flowable Mancozeb, Telone II, GF-4616, Goal Technical Purified, Diuron Technical, Sulfoxaflor Technical, and Reklemel Tech. Action taken: Consent Agreement and Final Order (CAFO) with a $109,400 civil penalty. |
Distribution (import) of unregistered and misbranded pesticides. | January 2022 |
| Electrolux Home Products, Inc |
Shipment Details: Frigidaire-brand dehumidifier and air conditioner products that claimed to provide antimicrobial benefits using an antibacterial filter containing nanosilver. Action taken: SSURO and CAFO with a $6,991,400 civil penalty |
Distribution (import) of unregistered pesticides. | |
| AirDoctor, LLC |
Shipment Details: Pesticide device shipments (AirDoctor AD3000 and AD5000H). Action taken: Consent Agreement and Final Order (CAFO) with a $44,500 civil penalty. |
Distribution (import) of misbranded pesticide devices and failure to file reports (Notice of Arrival (NOA)). | August 2021 |
| Reckitt Benckiser, LLC |
Shipment Details: Lysol disinfecting wipes. Action taken: Consent Agreement and Final Order (CAFO) with a $117,461 civil penalty. |
Distribution of misbranded pesticides. | February 2021 |
| Advanced Biocide Technologies | Shipment details: Four shipments of misbranded pesticides, "Biotab 7." Action taken: SSURO | Distribution (import) of misbranded pesticides (cancelled). | January 2021 |
|
Respondent Makhteshim Agan of North America, Inc., d/b/a ADAMA |
Shipment details: Fluensulfone 480EC, a nematicide containing the active ingredient Fluensulfone, which has been assigned EPA Registration Number 66222-243. Fluensulfone 480EC was given the alternate brand name, “Nimitz. Action taken: SSURO |
EPA has reason to believe that the pesticide Fluensulfone 480EC (a/k/a "Nimitz") is misbranded as defined in section 2(q)(1)(F) of FIFRA, 7 U.S.C. § 136(q)(1)(F) and section 2(q)(1)(G) of FIFRA, 7 U.S.C. § 136(q)(1)(G) |
April 2015 |
|
EMD Millipore Corporation |
Shipment details: 34 EMD devices (see CAFO for listing of specific devices) Action taken: Consent Agreement and Final Order (CAFO) with $2,681,500 civil penalty |
Failure to file Notice of Arrival (NOA), illegal production of misbranded pesticide, reporting violation |
July 2013 |
| Amvac Chemical Company |
Shipment details: 15,000 kg of “Technical Bifenthrin” Action taken: SSURO |
Distribution of misbranded pesticide | June 2013 |
|
NuFarm Americas Inc |
Shipment details: 15 units of 1,220 kg of “2,4-D BEE Technical” Action Taken: SSURO |
Distribution of misbranded pesticide |
April and May 2013 |
| Ag Specialties, LLC |
Shipment details: 1,062,240 pounds of “StrikeOut Extra” Action taken: SSURO |
Distribution of unregistered pesticide (cancelled) | April 2013 |
|
Private Citizen |
Shipment details: 534 bags of “Tres Pasitos” Action taken: Entry denied |
Distribution of unregistered pesticide |
April 2013 |
|
Tacoma Ag Holdings, LLC |
Shipment details: Shipment of “Dicamba Acid Technical” Action taken: CAFO with $4,800 civil penalty |
Distribution of misbranded pesticide |
April 2013 |
| No Nosquito Inc |
Shipment details: 554 kgs of “No Nosquito Wrist Bands” Action taken: Entry denied |
Distribution of unregistered pesticide | March 2013 |
| Thor Specialties Inc |
Shipment details: 0.5 kg of “Acticide EPW” Action taken: Entry denied |
Distribution of unregistered pesticide | March 2013 |
| Pioneer Hi-Bred |
Shipment details: 740 metric tons of “Pioneer Brand Seed Products" Action taken: CAFO with $34,000 civil penalty |
Failure to file an Notice of Arrival (NOA) | February 2013 |
| Makhteshim Agan of North America (MANA) |
Shipment details: 2,160 drums of “Technical Fomesafen” Action taken: SSURO and CAFO with $15,000 civil penalty |
Distribution of misbranded pesticide | January 2013 |
| Tessenderlo Kerley, Inc. (TKI) |
Shipment details: 4,960 bags of “Linuron Technical” Action taken: SSURO |
Distribution of misbranded pesticide | January 2013 |
| Dow Chemical Company |
Shipment details: 1,299,012 million pounds of antimicrobial pesticides. Action taken: CAFOs totaling $600,000 civil penalty |
Distribution of misbranded pesticide | 2012 and 2013 |
| NuFarm Americas Inc |
Shipment details: Eight different products (see CAFOs for specific details) Action Taken: CAFOs with $194,300 total civil penalty |
Distribution of misbranded pesticide | 2012 and 2013 |