EPA v. PREVASIVE USA, LLC

Case summary

4/16/2024 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: ON OR AROUND OCTOBER 15, 2020, AN INSPECTION WAS CONDUCTED BY THE EPA AT THE FACILITY TO DETERMINE THE RESPONDENT?S COMPLIANCE WITH FIFRA. DURING THE INSPECTION, LABELS AND SALES/DISTRIBUTION RECORDS WERE COLLECTED FOR DESCRIBED PRESTICIDE PRODUCTS BEING DISTRIBUTED OR SOLD BY RESPONDENT. A REVIEW OF A LABEL COLLECTED DURING THE INSPECTION SHOWED DISCREPANCIES WHEN COMPARED TO THE EPA-APPROVED LABEL FOR THE REGISTERED PESTICIDE. THE PRODUCT DOES NOT QUALIFY AS A DISTRIBUTOR PRODUCT AND IS THEREFORE AN UNREGISTERED PESTICIDE. UPON REVIEW OF A LABEL FOR DESCRIBED PRODUCT, THE LABEL APPEARS TO BE INTENDED FOR PESTICIDAL PURPOSE, AND THEREFORE, IS A PESTICIDE AS DEFINED UNDER SECTION 2(U) OF FIFRA, 7 U.S.C. SECTION 136(U) AND MUST BE REGISTERED AS A PESTICIDE. ON OR AROUND SEPTEMBER 13, 2023, THE EPA CONDUCTED A REVIEW OF THE WEBSITE AND OBSERVED THAT DESCRIBED PRODUCT BEING OFFERED FOR SALE ON THE IS THEREFORE IDENTIFIED AS A PESTICIDE. IN LIGHT OF THE FINDINGS SET FORTH, THE EPA ALLEGES THAT PREVASIVE?S SALE, DISTRIBUTION, OR OFFERS FOR SALE OF THE UNREGISTERED PESTICIDES ARE UNLAWFUL ACTS IN VIOLATION OF SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A) AND 40 C.F.R. ? 152.15, AND THAT FURTHER SALE OR DISTRIBUTION OF THESE UNREGISTERED PESTICIDES IN THE UNITED STATES, EXCEPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATE FIFRA.

Defendants (1)

• PREVASIVE USA, LLCNamed in settlement

Facilities (1)

• PREVASIVE USA LLC

  3643 EXPLORER TRAIL, OAKWOOD, GA, 30566

  Registry ID: 110070864745

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• PREVASIVE USA, LLCentered 2024-04-16

  Primary law: FIFRA

Timeline (2 milestones)

• 2024-04-16Final Order Issued
• 2024-06-26Enforcement Action Data Entered