EPA v. BRANDARMOR TECHNOLOGIES, LLC

Case summary

12/6/2023 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: ON OR AROUND MARCH 20, 2023, THE EPA REVIEWED BAT?S WEBSITE. BASED ON THAT REVIEW AND AN 0N-SITE INSPECTION ON MAY 2, 2023, AT BAT?S FACILITY IN MARIETTA, GEORGIA, BAT WAS FOUND TO BE PRODUCING AND HOLDING A PRODUCT WITH PESTICIDAL CLAIMS FOR SALE OR DISTRIBUTION. DURING THE INSPECTION, LABELS AND LABELING, AS WELL AS RECORDS DOCUMENTING THE SALE AND DISTRIBUTION OF THE PRODDUCT WERE COLLECTED. ON JULY 7, 2023, THE EPA ISSUED A STOP SALE, USE, OR REMOVAL ORDER (SSURO), FIFRA-04-2023-0717, TO RESPONDENT PROHIBITING FURTHER SALE OR DISTRIBUTION OF THE UNREGISTERED PESTICIDE. BASED ON THE PESTICIDAL CLAIMS MADE BY BAT, THE PRODUCT IS A ?PESTICIDE? PURSUANT TO SECTION 2(U) OF FIFRA, 7 U.S.C. ? 136(U), IN THAT, AS MARKETED, IT IS ?INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.? AS SUCH, THE PRODUCT, IN ADDITION TO ANOTHER PRODUCT ADDRESSED IN THE PREVIOUS SSURO ISSUED ON JULY 7, 2023, MUST BE REGISTERED AS A PESTICIDE WITH THE EPA AS A PESTICIDE IN ORDER FOR IT TO BE SOLD AND DISTRIBUTED AS REQUIRED BY SECTION 3 OF FIFRA. RESPONDENT?S PRODUCT IS AN UNREGISTERED PESTICIDE THAT HAS BEEN AND/OR IS BEING DISTRIBUTED AND/OR SOLD BY RESPONDENT IN VIOLATION OF SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A). WITHIN TEN (10) CALENDAR DAYS, RESPONDENT SHALL SUBMIT TO THE EPA A WRITTEN PROPOSAL DESCRIBING HOW IT PLANS TO COMPLY WITH THE REQUIREMENTS OF THIS SSURO. WITHIN THIRTY (30) CALENDAR DAYS, BAT SHALL PROVIDE TO THE EPA AN ACCOUNTING OF ALL EXISTING INVENTORY OF THE PRODUCT SUBJECT TO THIS SSURO AT ANY OF BAT?S FACILITIES OR WAREHOUSES, INCLUDING THE LOCATION(S) WHERE THE PRODUCT IS HELD, QUANTITIES OF THE PRODUCT, AND CONTAINER SIZE OF THE PRODUCT.

Defendants (1)

• BRANDARMOR TECHNOLOGIES, LLCNamed in settlement

Facilities (1)

• BRANDARMOR

  839 PICKENS INDUSTRIAL DRIVE, MARIETTA, GA, 30061

  Registry ID: 110071407738

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BRANDARMOR TECHNOLOGIES, LLCentered 2023-12-06

  Primary law: FIFRA

Timeline (2 milestones)

• 2023-12-06Final Order Issued
• 2023-12-12Enforcement Action Data Entered