Felix Gutierrez Valencia, Pesticide Smuggling, California 2021

A Perris, California man has been sentenced to 90 days in custody for attempting to smuggle pesticides into the United States.

Felix Gutierrez Valencia, 48, of Perris, California, pleaded guilty to attempting to smuggle pesticides into the country. He was sentenced to 90 days in custody, ordered to pay a fine of $2,500 and restitution of $8,807 for the cost of disposal of the pesticides, and perform 100 hours of community service during three years of supervised release.

Gutierrez was caught at the Otay Mesa Port of Entry on April 16, 2020, with 48 containers of undeclared Mexican pesticides in his truck. He had concealed some of the containers of pesticides in cereal and cookie boxes.

The pesticides included Furadan, Monitor, Bayfolan, Biomec, Ridomil Gold, Kanemite and Rodentox. Two of the pesticides smuggled by Gutierrez contain active ingredients that are cancelled in the United States, and thus are not permitted to be imported or sold.

Furadan contains the cancelled pesticide carbofuran, which is a highly toxic insecticide that affects the central nervous systems by the same mechanism as chemical warfare nerve agents. It is highly toxic to birds, fish and mammals and is classified by the EPA as Toxicity Category I, the highest category, based upon its lethal potency.

Monitor contains the cancelled pesticide methamidophos, which is one of the most acutely toxic organophosphate pesticides, also related to chemical warfare nerve agents. Rodentox contains zinc phosphide, an extremely toxic rodenticide. Ingestion of 7 drops to one teaspoons of zinc phosphide would likely kill a 150-pound person.

Gutierrez later acknowledged that, after his arrest in April, he offered to pay another individual to smuggle pesticides into the United States. However, that person was also caught at the border with 37 containers of Furadan, Biomec, Biozyme and Tetrasan.

The case was investigated by Homeland Security Investigations and the U.S. Environmental Protection Agency, Criminal Investigation Division.

Felix Gutierrez Valencia, Pesticide Smuggling, California 2021

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