EPA v. SOLUTIONS USA, INC.

Case summary

6/1/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A $1,828. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: ON OR ABOUT APRIL 13, 2007, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. PRIOR TO THE INSPECTION, EPA DETERMINED THAT RESPONDENT WAS ADVERTISING ITS PRODUCT LINE BLASTER FOR SALE ON THE INTERNET AND WAS MAKING PESTICIDAL CLAIMS FOR THE PRODUCT THAT INCLUDED, BUT WAS NOT LIMITED TO, REMOVES LEGIONNAIRES DISEASE, REMOVES ALL MICRO-ORGANISMS, AND CONTROLS ALGAE GROWTH. DURING THE AFOREMENTIONED INSPECTION, THE PRODUCT LINE BLASTER' WAS IDENTIFIED AS BEING PRODUCED, SOLD, AND DISTRIBUTED BY THE RESPONDENT. BASED UPON RESPONDENT'S INTERNET ADVERTISEMENT THAT MADE PESTICIDAL CLAIMS FOR LINE BLASTER PRIOR TO AND AT THE TIME OF THE INSPECTION, LINE BLASTER WAS A PESTICIDE AS DEFINED IN SECTION 2(u)OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. SUBSEQUENT TO THE INSPECTION, EPA ISSUED A NOTICE OF VIOLATION (NOV) TO RESPONDENT ALLEGING THAT RESPONDENT HAD BEEN MAKING A PESTICIDAL CLAIMS FOR ITS PRODUCT LINE BLASTER , AND AS SUCH, WAS ILLEGALLY SELLING AN UNREGISTERED PESTICIDE. IN RESPONSE TO EPA'S NOV, RESPONDENT HAS REMOVED THE PESTICIDAL CLAIMS FROM ITS WEBSITE FOR LINE BLASTER. AS A RESULT, THE PRODUCT LINE BLASTER, AS FORMULATED, IS NOT CURRENTLY CONSIDERED TO BE A PESTICIDE. UNDER SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA, 7 U.S.C. SECTION 136a. AT THE TIME OF THE INSPECTION, LINE BLASTER HAD NOT BEEN REGISTERED WITH EPA UNDER SECTION 3 OF FIFRA. IN VIOLATION OF SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), BY OFFERING AN UNREGISTERED PESTICIDE FOR SALE. AT THE TIME OF THE INSPECTION, SOLUTIONS USA, INC. PRODUCED THE PESTICIDE LINE BLASTER IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCTING ESTABLISHMENT. RESPONDENT FAILED TO REGISTER THE ESTABLISHMENT WITH EPA. IN VIOLATION OF FIFRA,SECTION 12(a)(2)(L). ADDITIONALLY, DURING THE INSPECTION, THE RESPONDENT REFUSED TO PROVIDE INVOICE COPIES OR SHIPPING RECORDS TO THE INSPECTION. IN VIOLATION OF FIFRA, SECTION 12(a)(2)(B).

Defendants (1)

• SOLUTIONS USA, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• SOLUTIONS USA, INC.

  139 ALTAMA CONNECTOR #417, BRUNSWICK, GA, 31525

  Registry ID: 110043714683

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A2B — Refuse Records, Reports, Entry
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• SOLUTIONS USA, INC.entered 2011-06-01

  Primary law: FIFRA

  Federal penalty: $1,828 · SEP: $6,929

Timeline (3 milestones)

• 2011-06-01Final Order Issued
• 2011-06-01Complaint Filed/Proposed Order
• 2011-06-09Enforcement Action Data Entered