EPA v. BIO-LAB, INC.

Case summary

4/9/10 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT IS THE REGISTRANT OF THE EPA REGISTERED PESTICIDES SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE, EPA REG. NO. 5185-441-10305, AND BIOGUARD MAINTAIN SILK SMART STICKS, EPA REG. NO. 5185-400. ON OR ABOUT JAN 21, 2010, BIO-LAB SUBMITTED A SELF-DISCLOSURE LETTER TO EPA WHICH DISCLOSED THE SALE AND DISTRIBUTION OF SAID REGISTERED PESTICIDES IN VIOLATION OF FIFRA. SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE WAS MISBRANDED IN THAT THE LABEL BORE THE ADDITIONAL STATEMENT AVAILABLE CHLORINE 90% THAT WAS NOT PART OF THE EPA ACCEPTED LABEL. SECTION 2(q)(1)(A) OF FIFRA STATES A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. BIOGUARD MAINTAIN SILK SMART STICKS, WAS MISBRANDED IN THAT THE LABEL FAILED TO BEAR THE COMPLETE INGREDIENT STATEMENT. SECTION 2(a)(2)(A) STATES A PESTICIDE IS MISBRANDED IF THE LABEL DOES NOT BEAR AN INGREDIENT STATEMENT. BASED ON THE AFOREMENTIONED LETTER, THE COMPANY SOLD OR DISTRIBUTED THE MISBRANDED PESTICIDES SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE AND BIOGUARD MAINTAIN SILK SMART STICKS. PURSUANT TO FIFRA SEC 12(a)(1)(E), IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SEEL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED. ORDER: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWING PESTICIDE PRODUCTS WHICH ARE MISBRANDED: SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE AND BIOGUARD MAINTAIN SILK SMART STICKS EXCEPT IN ACCORDANCE WITH THIS ORDER. THIS ORDER SHALL PERTAIN TO ALL QUANTITIES AND SIZES OF MISBRANDED SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE AND BIOGUARD MAINTAIN SILK SMART STICKS WITHIN THE OWNERSHIP, CONTROL, OR CUSTODY OR RESPONDENT, WHEREVER LOCATED. THESE PESTICIDES SHALL NOT BE SOLD; OFFERED FOR SALE; HELD FOR SALE; SHIPPED; DELIVERED FOR SHIPMENT; RECEIVED; OR, HAVING BEEN SO RECEIVED, DELIVERED, OFFERED FOR DELIVERY, MOVED, OR REMOVED FROM THE PREMISES, FOR ANY REASON, EXCEPT AS SPECIFIED IN THIS ORDER. RESPONDENT MUST RELABEL ALL SIZES AND QUANTITIES OF SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE, EPA REG. NO. 5185-441-10305, AND BIOGUARD MAINTAIN SILK SMART STICKS, EPA REG. NO. 5185-400, WITH A LABEL THAT COMPLIES WITH THE EPA ACCEPTED LABEL, IN THE PESTICIDE PRODUCING ESTABLISHMENT EPA EST. NO. 5185-GA-1. PRODUCT MAY BE TRANSFERRED TO THIS ESTABLISHMENT FROM ITS CURRENT LOCATION IN THE CHANNELS OF TRADE. RESPONDENT IS RESPONSIBLE FOR THE PROPER RELABELING OF ALL KNOWN AFFECTED PRODUCT WITHIN 90 CALENDAR DAYS. ONCE ALL AFFECTED PRODUCT IS LABELED IN COMPLIANCE WITH FIFRA, AND RESPONDENT HAS PROVIDED WRITTEN NOTIFICATION TO EPA THAT RELABELING HAS BEEN COMPLETED, SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE AND BIOGUARD MAINTAIN SILK SMART STICKS MAY BE FURTHER DISTRIBUTED AND SOLD. RESPONDENT IS RESPONSIBLE FOR ALL REPORTING REQUIRED IN CONNECTION WITH RELABELING PESTICIDE PRODUCTS UNDER FIFRA SEC 7.

Defendants (1)

• BIO-LAB, INC.Named in settlement

Facilities (6)

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BIO-LAB, INC.entered 2010-04-09

  Primary law: FIFRA

Timeline (2 milestones)

• 2010-04-09Final Order Issued
• 2010-06-30Enforcement Action Data Entered