EPA v. CONTROL SOLUTIONS, INC.

Case summary

3/22/19 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ORDER: CONTROL SOLUTIONS IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 22400 BOTTLES OF MSM TURF HERBICIDE EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: - THE MISBRANDED BOTTLES MUST EITHER BE EXPORTED OUT OF THE COUNTRY OR DESTROYED IMMEDIATELY IN COMPLIANCE WITH FIFRA; OR - THE IMPORTER MUST TAKE THE FOLLOWING STEPS: (i) THE MISBRANDED MSM TURF HERBICIDE MAY BE TRANSFORTED UNDER THIS SSURO FROM CARGO GROUP, PORT WENTWORTH, GA, TO CONTROL SOLUTIONS' MANUFACTURING FACILITY, PASADENA, TX, WHERE THE BOTTLE SHALL BE RELABELED WITH THE CORRECT LABEL THAT FULLY MATCHES THE EPA-APPROVED MASTER LABEL, AND REPACKAGED IN SHIPPING BOXES WHICH ARE ALSO LABELED WITH A COPY OF THE CORRECTED LABELS AFFIXED TO THE BOTTLES. WITHIN 48 HOURS, CONTROL SOLUTIONS MUST SUBMIT TO EPA REGION 4 LEGIBLE IMAGES OF THE RELABELED BOTTLES AND SHIPPING BOXES ALONG WITH A CERTIFICATION FROM CONTROL SOLUTIONS' CHIEF EXECUTIVE OFFICER OR OTHER AUTHORIZED OFFICIAL STATING THAT THE RELABELING HAS BEEN COMPLETED AND IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SSURO AND FIFRA. (ii) EPA REGION 4 MAY DECIDE TO CONDUCT AN INSPECTION AT CONTROL SOLUTIONS' FACILITY TO CONFIRM AND VERIFY THAT THE 22,400 BOTTLES HAVE BEEN RELABELED AND THAT THE SHIPPING BOXES HAVE BEEN LABELED IN COMPLIANCE WITH THIS SSURO AND FIFRA.

Defendants (1)

• CONTROL SOLUTIONS, INC.Named in settlement

Facilities (1)

• CONTROL SOLUTIONS

  5903 GENOA RED BLUFF ROAD, PASADENA, TX, 77507-1041

  Registry ID: 110008060436

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• CONTROL SOLUTIONS, INC.entered 2019-03-22

  Primary law: FIFRA

Timeline (2 milestones)

• 2019-03-22Final Order Issued
• 2019-04-03Enforcement Action Data Entered