EPA v. U-SPRAY, INC

Case summary

4/4/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $22,480. PENALTY DUE WITHIN 30 DAYS OF EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY BY AN AUTHORIZED REPRESENTATIVE OF THE EPA ON JUNE 15, 2021, TO DETERMINE RESPONDENT'S COMPLIANCE WITH FIFRA. THE EPA CONDUCTED A REVIEW OF THREE OF RESPONDENT'S WEBSITES. A REVIEW OF THE LABELS AND LABELING FOR VARIOUS PRODUCTS OBSERVED ON THE WEBSITES IDENTIFIED SHOWED THAT THREE OF THE PRODUCTS BEING OFFERED FOR SALE BY U-SPRAY APPEARED TO BE UNREGISTERED PESTICIDES AND FOUR OF THE PRODUCTS BEING OFFERED FOR SALE APPEARED TO BE MISBRANDED PESTICIDE PRODUCTS. ALSO, THE LABELS POSTED ON RESPONDENT'S WEBSITES FOR FIVE REGISTERED PESTICIDES DID NOT MATCH THE EPA-APPROVED LABELS FOR THOSE PRODUCTS. 25. THE FOREGOING FACTS SHOW THAT AT THE TIME OF THE EPA'S WEBSITE REVIEW ON JANUARY 31, 2023, U? SPRAY WAS OFFERING FOR SALE ON ITS WEBSITES, AND THEREFORE DISTRIBUTING OR SELLING UNREGISTERED AND MISBRANDED PESTICIDES WITHIN THE MEANING OF SECTION 2(GG} OF FIFRA, 7 U.S.C. ? 136(GG), AND 40 C.F.R. ? 152.3. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A}(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1}(A}, BY DISTRIBUTING OR SELLING UNREGISTERED PESTICIDES AS SPECIFIED IN THE CAFO. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1}(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E}, BY DISTRIBUTING OR SELLING THE MISBRANDED PESTICIDES AS DESCRIBED.

Defendants (1)

• U-SPRAY, INCNamed in complaintNamed in settlement

Facilities (1)

• U-SPRAY, INC

  4653 STONE MOUNTAIN HIGHWAY, LILBURN, GA, 30047

  Registry ID: 110071435051

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• U-SPRAY, INCentered 2024-04-04

  Primary law: FIFRA

  Federal penalty: $22,480

Timeline (3 milestones)

• 2024-04-04Complaint Filed/Proposed Order
• 2024-04-04Final Order Issued
• 2024-06-26Enforcement Action Data Entered