EPA v. ENVIROTECH SOLUTIONS, INC.

Case summary

3/8/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $0. ALLEGATIONS: ON OR ABOUT AUG 27, 2009, EPA CONDUCTED AN INSPECTION AT CHEMTECH SUPPLY, A PESTICIDE DEALER IN MEZA, AZ. DURING THE INSPECTION, THE DEO-SECT/DUMPSTER KILL PRODUCT WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY ENVIROTECH SOLUTIONS, INC. THE PRODUCT LABEL FOR THE DEO-SECT/DUMPSTER KILL MADE THE FOLLOWING PESTICIDAL CLAIMS: CONTROLS OBNOXIOUS FLYING AND CRAWLING INSECTS IN ANY AREA... CONTROLS COCKROACHES, FLIES, ANTS, SPIDERS, MOSQUITOES, GNATS, FLYING MOTHS, AND MOTHS... IN ADDITION, THE PRODUCT NAME MAKES A PESTICIDAL CLAIM IN THAT IT EXPRESSES THAT THE PRODUCT MITIGATES PESTS BY REMOVING THE PEST'S FOOD, FOOD SOURCES, OR ITS HABITAT. BECAUSE THE PESTICIDAL CLAIMS WERE BEING MADE FOR DEO-SECT/DUMPSTER KILL , THE PRODUCT IS A PESTICIDE AS DEFINED IN FIFRA SECTION 2(u). A REVIEW OF RESPONDENT'S WEBSITE REVEALED THAT THE ADD'L PRODUCTS E.COLI INSTA-KILL AND QUATERNARY SNAITIZERS WERE BEING OFFERED FOR SALE OR DISTRIBUTION ON THE WEBSITE AS ANTIMICROBIAL PESTICIDES. THE WEBSITE STATES THE FOLLWOING: E. COLI IS A KILLER BACTERIA... E. COLI INSTA KILL IS FORMULATED FOR CLEANING AND SANITIZING... QUATERNARY DISINFECTANTS ARE A ONE-STEP DISINFECTANT CLEANER... QUATERNARY DISINFECTANTS ARE EFFECTIVE AGAINST BACTERIA... QUATERNARY DISINFECTANTS SANITIZE... THE E.COLI INST-KILL AND QUATERNARY SANITIZERS PRODUCTS ARE ANTIMICROBIAL PESTICIDES AS DEFINED IN FIFRA SECTION 2(mm). AT THE TIME OF THE INSPECTION, THE DEO-SECT/DUMPSTER KILL , E. COLI INSTA-KILL AND QUATERNARY SANITIZERS PRODUCTS WERE NOT REGISTERED AS PESTICIDES WITH EPA. THE INSPECTOR COLLECTED DOCUMENTATION SHOWING RESPONDENT'S OFFERS FOR SALE AND/OR DISTRIBUTION OF SAID PRODUCTS. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SECTION 3. AT THE TIME OF THE INSPECTION, THE DEO-SECT/DUMPSTER KILL PRODUCT WAS MISBRANDED AS THAT TERM IS DEFINED IN FIFRA SEC 2(q) IN THAT THE PRODUCT LABEL DID NOT CONTAIN DIRECTIONS FOR USE TO ADEQUATELY PROTECT HUMAN HEALTH AND THE ENVIRONMENT, INGREDIENT STATEMENT, NET CONTENT, WARNING OR CAUTION STATEMENT, STORAGE AND DISPOSAL STATEMENT, AND PRECAUTIONARY STATEMENT. UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST ONE OCCASION. UNDER FIFRA 12(a)(2)(L) IT IS UNLAWFUL TO PRODUCT A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA AS SET FORTH IN FIFRA SEC 7. AT THE TIME OF THE INSPECTION, RESPODNENT PRODUCED DEO-SECT/DUMPSTER KILL , E.COLI INSTA-KILL AND QUATERNARY SANITIZERS PRODUCTS IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. THEREFORE, RESPONDENT VIOLATED FIFRA 12(a)(2)(L).

Defendants (1)

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

Facilities (1)

• ENVIROTECH SOLUTIONS, INC.

  5760 SE 41ST STREET, OCALA, FL, 34480

  Registry ID: 110045457714

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ENVIROTECH SOLUTIONS, INC.entered 2012-03-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2012-03-08Final Order Issued
• 2012-03-08Complaint Filed/Proposed Order
• 2012-03-17Enforcement Action Data Entered