Nisso America to Pay Civil Penalty for Failure to Label and File Notice of Imported Pesticide

Nisso America, Inc., a subsidiary of Nippon Soda Co., Ltd., of Tokyo, Japan, has agreed to pay a $6,864 civil penalty to the United States for failing to properly label 44 drums containing 880 pounds of imported pesticides from Italy as well as failing to provide EPA with a required notice that it had imported the drums.
According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., Nisso America, Inc., imported 44 drums of Tebufenozide Technical on December 8, 2011. The Notice of Arrival (NOA) form that Nisso America was required to submit to EPA before any shipment of pesticides arrives at a United States port of entry was submitted five days after the 44 drums of pesticide were released from the port of entry into commerce.

On December 27, 2011, an inspector from the Missouri Department of Agriculture found that none of the drums had an EPA-accepted label, therefore missing an EPA registration number, an EPA establishment number, directions for use, a first aid statement, an ingredient statement, a precautionary statement, a signal word, and a child hazard warning statement.

Nisso America, Inc., violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by failing to properly label the 44 drums of imported pesticide and failing to timely submit to EPA the NOA.

The sale or distribution of misbranded or mislabeled pesticides can pose serious risks to human health, plant and animal life, and the environment. Without proper labeling or safety instructions on packaging, users can unintentionally misapply pesticides and may not have adequate information to address needs for first aid in the event of emergency.

Under the FIFRA, importers of pesticides must ensure that pesticides containers imported into the U.S. bear the required FIFRA labeling and must file notices with EPA prior to importation of pesticides. Violation of the FIFRA regulations impacts EPA’s ability to track potentially hazardous and toxic pesticide products.

The pesticide involved in this case, Tebufenozide Technical, is a toxic chemical used in the formulation of other insecticides.

As a result of EPA’s enforcement action, Nisso America, Inc., was required to re-label all 44 drums in the shipment of Tebufenozide Technical. The company has also instituted changes in its practices to prevent similar violations, and has certified that it is presently in compliance with the FIFRA and its regulations.


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