Cai Feng Yang, Pesticide Smuggling, Indiana 2021

La Porte, Indiana – Local landlord Cai Feng Yang, also known as Kevin Yang, was sentenced last October for illegally importing and distributing unregistered pesticides, putting tenants at risk in his La Porte apartment buildings. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, reveals a deliberate scheme to circumvent federal regulations designed to protect public health and the environment.

According to court documents, Yang made two trips to China in 2015 and 2016, where he purchased significant quantities of “cockroach killer bait” and “cockroach gum bait.” He also acquired unlabeled bottles of liquid pesticide containing the highly toxic chemical dichlorvos. These products were then smuggled into the United States hidden within his checked luggage, evading both EPA registration requirements and Customs declarations. The EPA requires all pesticides sold or distributed in the US to be registered, ensuring they have been rigorously tested and meet safety standards.

Upon his return, Yang distributed the illicit pesticides to tenants residing at properties located on Maple Street and Tipton Street. He provided granular bait and gel bait directly to renters, and even instructed part-time assistant building managers to apply the dangerous, unlabeled liquid dichlorvos to tenant apartments to combat bed bugs. Disturbingly, Yang himself directly applied the liquid pesticide in multiple units, exposing residents to potentially harmful chemicals without their knowledge or consent.

The EPA investigation determined that none of the pesticides used by Yang had undergone the necessary registration process with the agency. This meant the products hadn’t been evaluated for their efficacy or potential risks to human health and the environment. Furthermore, Yang failed to submit a Notice of Arrival (NoA) – a mandatory requirement for importing pesticides – further demonstrating his disregard for federal law. The use of unregistered pesticides is a serious offense, as it circumvents the safety measures designed to protect applicators, residents, and the wider ecosystem.

Legal Ramifications

On October 27, 2020, Yang pleaded guilty to three counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), specifically 7 U.S.C. 136j(a)(1)(A), 7 U.S.C. 136l(b)(1)(B), and 18 U.S.C. 2. The latter refers to aiding and abetting, as Yang enlisted his building managers in the illegal application of the pesticides. His sentence, handed down by a federal judge, included a $3,000 fine, six months of home detention, and 12 months of probation. While a relatively lenient sentence, authorities hope it serves as a deterrent to others considering similar violations.

Key Facts

• Defendant: Cai Feng Yang (aka Kevin Yang)
• Location: La Porte, Indiana
• Crime: Illegal pesticide smuggling and distribution
• Pesticides Involved: Unregistered cockroach baits and dichlorvos-containing liquid pesticide
• Laws Violated: 7 U.S.C. 136j(a)(1)(A), 7 U.S.C. 136l(b)(1)(B), 18 U.S.C. 2
• Penalties: $3,000 fine, 6 months home detention, 12 months probation
• Timeline: Smuggling occurred in 2015-2016, guilty plea in 2020, sentencing in 2021

The case underscores the importance of adhering to EPA regulations regarding pesticide use. Residents who suspect illegal pesticide application are encouraged to report it to the EPA or their state’s pesticide regulatory agency. The EPA continues to prioritize enforcement actions against those who jeopardize public health and the environment through the unlawful distribution of dangerous chemicals.

Source: EPA ECHO Enforcement Case Database

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