EPA v. FERGUSSON, ALEX C.

Case summary

On July 13, 2018, EPA issued a FIFRA Stop Sale, Use or Removal Order (SSURO) to Alex C. Ferguson, LLC. (?AFCO?) of Chambersburg, PA. The SSURO bars the distribution or sale of ten (10) unregistered pesticides, 0252 CHLORILIZER RTU, AFCO 2547, 2549 AFCO FCN, AFCO 4347 DRAIN VIGIL RINGS, AFCO 4348 DRAIN VIGIL, AFCO 4409 BIOREM CD20, AFCO 8086 BRIGADE FLC-41, AFCO 8110 QUAT RINGS, AFCO 9534 SWEET TREAT, AFCO 4410 MICRO-KLEEN L. The SSURO also bars the sale and distribution of 4310 QX, EPA Reg. No. 833-10 and AFCO 4342 (MYACIDE GA25), EPA Reg. No. 33753-26 because the claims made by AFCO for such pesticides as a part of their distribution or sale substantially differ from any claims made for such pesticides as part of the statements required in connection with their registration under Section 3(a) of FIFRA, 7 U.S.C. 136a(a). Registration of pesticides under Section 3(a) of FIFRA allows EPA to complete a review of the efficacy of or risks associated with the product to prevent harm to human health and the environment. Distributions or sales of unregistered pesticides or making claims that substantially differ from any claims made for such pesticides as part of their registration are unlawful acts under Section 12 of FIFRA. The state has been notified of and has no objection to this action.

Defendants (1)

• ALEX C. FERGUSSON, LLCNamed in settlement

Facilities (1)

• FERGUSSON, ALEX C.

  800 DEVELOPMENT AVENUE, CHAMBERSBURG, PA, 17201

  Registry ID: 110070254427

Statutes cited

• FIFRA 12A1B — Claim Difference
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• FERGUSSON, ALEX C.entered 2018-07-13

  Primary law: FIFRA

Timeline (2 milestones)

• 2018-07-13Final Order Issued
• 2018-07-17Enforcement Action Data Entered