EPA v. Seapac, Inc.

Case summary

11/21/2023: FIFRA NOTICE OF WARNING: On February 3, 2020, an authorized representative of the EPA conducted an inspection at Seapac (EPA Est. No. 72797-AL-1) located at 4588 Cypress Business Park Drive, Mobile Alabama 36619 to determine compliance with FIFRA. During the inspection, it was found that Seapac manufactures one product for Tessenderio Kerley Inc., Surround WP Agricultural Crop Protectant (EPA Reg. No. 61842-18). The product was being exported to Belgium, Italy, Chile, Portugal, and Costa Rica. Upon review of the product label, it appeared Seapac was exporting the product as a registered pesticide. However, the product label did not match the EPA-approved label and was therefore misbranded. Specifically, the label did not include a complete Directions for Use section as required under FIFRA Section 2(q)(1)(F). Additionally, the label included the following phrases, ?Not registered for use in the United States of America as labeled in foreign countries? and ?For export only,? which appeared to be false or misleading statements in apparent violation of FIFRA Section 2(q)(1)(F), as the product was a pesticide registered in the United States. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), it is unlawful for any person to distribute or sell to any person any pesticide that is misbranded. The term ?to distribute or sell? is defined in Section 2(gg) of FIFRA, 7 U.S.C. ? 136(gg), to mean to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver. Pursuant to Section 2(q)(1)(F) of FIFRA, a pesticide is ?misbranded? if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular. Pursuant to Section 2(q)(1)(F) of FIFRA, a pesticide is misbranded if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under Section 3(d) of the Act, are adequate to protect health and the environment.

Defendants (1)

• Seapac, Inc.Named in settlement

Facilities (1)

• SEAPAC INC

  4588 CYPRESS BUSINESS PK. DR., MOBILE, AL, 36619-9503

  Registry ID: 110002438595

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Seapac, Inc.entered 2023-11-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-11-21Final Order Issued
• 2023-11-21Enforcement Action Closed
• 2023-12-07Enforcement Action Data Entered