Nelly Romero, Pesticide Smuggling, California 2020

San Diego, CA – Nelly Romero, a California resident, was sentenced in September 2020 following her conviction for illegally importing a restricted-use pesticide into the United States. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), highlights the ongoing threat of illicit agrochemical trafficking and the potential dangers posed to public health and the environment.

According to court documents, Romero attempted to smuggle three containers of Metaldane 600, a Mexican pesticide not approved for use in the U.S., across the border at the Otay Mesa Port of Entry on August 19, 2019. Romero failed to declare the pesticide containers during the initial inspection process, deliberately concealing their presence from Customs and Border Protection officers. The EPA later determined the pesticide was a restricted-use product, meaning its application requires specialized training and adherence to strict regulations to minimize risks.

The EPA-CID launched an investigation following the discovery of the undeclared pesticides. Investigators determined Romero knowingly transported the prohibited substance with the intent to introduce it into U.S. commerce. The import of unregistered pesticides is a serious federal crime, as these products haven’t undergone the rigorous safety and efficacy evaluations required by U.S. law. Unapproved pesticides can contain harmful ingredients, pose risks to farmworkers, contaminate food supplies, and damage ecosystems.

Federal prosecutors argued that Romero’s actions demonstrated a deliberate disregard for U.S. environmental regulations and public safety. The prosecution emphasized the potential consequences of allowing unapproved pesticides into the country, citing the risks of acute and chronic health effects, as well as environmental contamination. Romero’s defense did not dispute the facts of the smuggling attempt but reportedly argued for leniency, citing personal circumstances.

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Legal Ramifications

Romero was convicted under Title 18 U.S. Criminal Code, specifically 18 U.S.C. 545, which addresses the unlawful importation of restricted and prohibited substances. The sentencing, handed down on September 4, 2020, included three months of home confinement, a 36-month term of supervised release, and an order to pay $550 for the proper disposal of the smuggled pesticides. The disposal costs covered the safe handling and destruction of the hazardous material, preventing potential environmental damage.

This case serves as a reminder of the EPA’s commitment to aggressively pursue criminal enforcement actions against those who violate federal pesticide laws. The EPA-CID continues to work with border security agencies to intercept illegal shipments of pesticides and hold accountable those who attempt to circumvent U.S. regulations. The agency stresses that proper registration and labeling of pesticides are crucial for protecting both human health and the environment.

Key Facts

Defendant: Nelly Romero
Crime: Illegal Pesticide Smuggling
State: California
Year: 2020
Pesticide: Metaldane 600 (Mexican origin)
Statute Violated: 18 U.S.C. 545
Sentence: 3 months home confinement, 36 months supervised release, $550 disposal fee
Port of Entry: Otay Mesa

Source: EPA ECHO Enforcement Case Database

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