EPA v. CGS & ASSOCIATES, INC.

Case summary

1/25/05 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. CGS & ASSOCIATES, INC., DISTRIBUTES EPA REG. NO. 70204-2-73210, UNDER THE ROOF-A-CIDE NAME, DIRECTLY TO THE SUBCONTRACTORS VIA THE CGS COMPANY VEHICLE. THE SUBCONTRACTORS WOULD THEN APPLY ROOF-A-CIDE ON ROOFS. THE ACCEPTED LABEL FOR EPA REG. SUBCONTRACTORS WOULD THEN APPLY ROOF-A-CIDE ON ROOFS. THE ACCEPTED LABEL FOR EPA REG. NO. 70204-2, TCI-6500, INCLUDES DIRECTIONS FOR CONTROL OF BACTERIAL ODORS OF COMPOST PILES. APPLICATION TO ROOFS IS NOT ALLOWED ACCORDING TO THE EPA-ACCEPTED LABEL. ROOFS ARE NOT AN ACCEPTED TARGET SITE FOR EPA REG. NO. 70204-2. ROOF-A-CIDE IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, IN THAT IT IS A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST. FURTHER, ROOF-A-CIDE IS AN ANTIMICROBIAL PESTICIDE AS DEFINED IN SECTION 2(mm) OF FIFRA, IN THAT AN ANTIMICROBIAL PESTICIDE IS A PESTICIDE THAT IS INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS. THE ROOF-A-CIDE WHICH IS BEING DISTRIBUTED BY YOUR FACILITY IS BEING SOLD WITH CLAIMS THAT DIFFER FROM THOSE ON THE EPA ACCEPTED LABEL. SECTION 12(a)(1)(B) OF FIFRA, STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY REGISTERED PESTICIDE IF ANY CLAIMS MADE FOR IT AS A PART OF ITS DISTRIBUTION OR SALE SUBSTANTIALLY DIFFER FROM ANY CLAIMS MADE FOR IT AS A PART OF THE STATEMENT REQUIRED IN CONNECTION WITH ITS REGISTRATION UNDER SECTION 3.

Defendants (1)

• CGS & ASSOCIATES, INC.Named in settlement

Facilities (1)

• CGS & ASSOCIATES

  2161 OAKMONT TERRACE, CORAL SPRINGS, FL, 33071

  Registry ID: 110022297067

Statutes cited

• FIFRA 12A1B — Claim Difference

Enforcement conclusions (1)

• CGS & ASSOCIATES, INC.entered 2005-01-25

  Primary law: FIFRA

Timeline (2 milestones)

• 2005-01-25Final Order Issued
• 2005-03-24Enforcement Action Data Entered