EPA v. BIG LOTS STORES, INC. (MR. BAR-B-Q PRODUCTS)

Case summary

7/2/19 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. BIG LOTS IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY OF THE 1,840 BOXES OF THE MAR. BAR-B-Q HANDHELD BUG ZAPPERS CURRENTLY BEING HELD AT THE MR. BAR-B-Q WAREHOUSE REFERENCED IN SECTION 1 OF THE SSURO, EXCEPT IN COMPLIANCE WITH FIFRA, AND SPECIFICALLY, IN COMPLIANCE WITH ONE OF THE TWO OPTIONS BELOW: A. THE MISBRANDED BOXES MUST EITHER BE EXPORTED OUT OF THE COUNTRY OR DESTROYED IMMEDIATELY IN COMPLIANCE WITH FIFRA; OR B. BIG LOTS MUST TAKE THE FOLLOWING STEPS: - THE 1,840 BOXES OF MISBRANDED BUG ZAPPERS THAT ARRIVED UNDER ENTRY NUMBER 113-84833155, MUST BE RELABELED TO INCLUDE THE EPA ESTABLISHMENT NUMBER FOR MR BAR-B-Q (EPA ESTABLISHMENT NUMBER 94372-NC-1). WITHIN 48 HOURS AFTER COMPLETION OF THE RELABELING OF THE MISBRANDED BOXES, BIG LOTS MUST SUBMIT TO THE EPA LEGIBLE IMAGES OF THE RELABELED BOXES ALONG WITH A CERTIFICATION FROM BIG LOTS' CHIEF EXECUTIVE OFFICER OR OTHER AUTHORIZED OFFICIAL OF THE COMPANY STATING THAT THE RELABELING HAS BEEN COMPLETED AND IS IN COMPLIANCE WITH THE REQUIREMENTS OF THE SSURO AND FIFRA. B. EPA MAY DECIDED TO CONDUCT AN INSPECTION AT MR. BAR-B-Q's FACILITY (EPA ESTABLISHMENT NUMBER 94372-NC-1) TO CONFIRM AND VERIFY THAT THE 1,840 BOXES HAVE BEEN RELABELED IN COMPLIANCE WITH THE SSURO AND FIFRA.

Defendants (1)

• BIG LOTS STORES, INC.Named in settlement

Facilities (1)

• MR. BAR-B-Q PRODUCTS, LLC

  275 NORTHSTAR DRIVE, RURAL HALL, NC, 27045

  Registry ID: 110070604509

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• BIG LOTS STORES, INC. (MR. BAR-B-Q PRODUCTS)entered 2019-07-02

  Primary law: FIFRA

Timeline (2 milestones)

• 2019-07-02Final Order Issued
• 2019-09-04Enforcement Action Data Entered