EPA v. MR. BAR-B-Q PRODUCTS, LLC

Case summary

11/10/2020 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR AROUND FEBRUARY 18, 2020, MALLORY ALEXANDER INTERNATIONAL LOGISTICS, LICENSED CUSTOMS BROKER FOR MR. BAR-B-Q, UPLOADED THE LABEL FOR 725 ?SKEETERVAC SV3100? PESTICIDE PRODUCTS (ENTRY# 97Y-01248234) INTO THE CBP?S ACE SYSTEM WHICH ARRIVED AT THE PORT OF CHARLESTON, SOUTH CAROLINA ON OR AROUND FEBRUARY 14, 2020. UPON REVIEW OF A COPY OF THE LABEL, THE EPA DETERMINED THAT THE RESPONDENT WAS SELLING AND DISTRIBUTING SKEETERVAC AS A SUPPLEMENTAL DISTRIBUTOR PRODUCT. HOWEVER, THE PESTICIDE PRODUCT APPEARED TO BE MISBRANDED IN THAT LANGUAGE ON THE LABEL DID NOT FULLY MATCH THE EPA-APPROVED MASTER LABEL FOR THE REGISTERED PRODUCT. ON OR AROUND MARCH 11, 2020, MALLORY FILED TWO ADDITIONAL ENTRIES ON BEHALF OF MR. BAR-BQ IN THE CBP ACE SYSTEM: ENTRY# 97Y-01252889 FOR THE IMPORTATION OF 618 SKEETERVAC SV3100 PRODUCTS; AND ENTRY# 97Y-01253127 FOR THE IMPORTATION OF 63 SKEETERVAC SV3100 PRODUCTS . THE EPA DETERMINED, THE 1,406 BOXES OF MR. BAR-B-Q SKEETERVAC SV3100 PRODUCTS THAT WERE IMPORTED INTO THE UNITED STATES BY MR. BAR-B-Q, AS SET FORTH IN THIS SSURO, ARE MISBRANDED AND FURTHER SALE OR DISTRIBUTION OF THESE PESTICIDE PRODUCTS IN THE UNITED STATES, INCLUDING MOVING THE PRODUCT TO ANY OTHER EPA-REGISTERED PRODUCER ESTABLISHMENT FOR RELABELING, EXCEPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATE FIFRA.

Defendants (1)

• MR. BAR-B-Q PRODUCTS, LLCNamed in settlement

Facilities (1)

• MR. BAR-B-Q PRODUCTS, LLC

  275 NORTHSTAR DRIVE, RURAL HALL, NC, 27045

  Registry ID: 110070604509

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MR. BAR-B-Q PRODUCTS, LLCentered 2020-11-10

  Primary law: FIFRA

Timeline (2 milestones)

• 2020-11-10Final Order Issued
• 2020-12-07Enforcement Action Data Entered