EPA v. SPRINKLER MAGICIAN LLC

Case summary

2/15/2024 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: BASED ON INFORMATION RECEIVED ON OR ABOUT AUGUST 8, 2023, INDICATING THAT SPRINKLER MAGICIAN APPEARED TO BE SELLING A PESTICIDE PRODUCT, THE EPA CONDUCTED A REVIEW OF RESPONDENT?S WEBSITE ON OR ABOUT AUGUST 16, 2023. UPON REVIEW OF THE PRODUCT LABELS AND LABELING PROVIDED TO THE EPA, AND THE INFORMATION COLLECTED FROM THE WEBSITE, THE EPA OBSERVED THAT THE LABEL ON SPECIFIED PRODUCTS INDICATED THAT THE PRODUCT QUALIFIED FOR EXEMPTION FROM REGISTRATION WITH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER FIFRA REGULATIONS,? THE LABEL LISTED ?SODIUM MONOOLEATE? AS AN INERT INGREDIENT (?SODIUM MONOOLEATE? IS NOT LISTED AS AN INERT INGREDIENT IN 40 C.F.R. ? 152.25(F)(2)(I) THROUGH (IV)), AND THE WEBSITE INCLUDED PUBLIC HEALTH CLAIMS FOR SPECIFIED PRODUCT THAT ARE NOT PERMITTED FOR A MINIMUM RISK PESTICIDE. THE SPECIFIED PRODUCT DOES NOT MEET THE REQUIREMENTS FOR EXEMPTION UNDER SECTION 25(B) OF FIFRA, 7 U.S.C. ? 136W(B). THE PRODUCT DOES NOT QUALIFY AS A MINIMUM RISK PESTICIDE EXEMPT FROM FIFRA BECAUSE IT CONTAINS AS AN INERT INGREDIENT ?SODIUM MONOOLEATE. BECAUSE THE PRODUCT IS NOT A MINIMUM RISK PESTICIDE EXEMPT FROM FIFRA, IT IS AN UNREGISTERED PESTICIDE. THE SALE, INCLUDING OFFERS FOR SALE, OF SPECIFIED PRODUCT, AN UNREGISTERED PESTICIDE, BY SPRINKLER MAGICIAN ON ITS WEBSITE CONSTITUTES UNLAWFUL DISTRIBUTION OR SALE OF PESTICIDES IN VIOLATION OF SECTION 3 OF FIFRA, 7 U.S.C. ? 136A, AND SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A).

Defendants (1)

• SPRINKLER MAGICIAN LLCNamed in settlement

Facilities (1)

• SPRINKLER MAGICIAN LLC

  404 SOUTH MARTIN LUTHER KING JR. AVENUE, UNIT A, CLEARWATER, FL, 33756

  Registry ID: 110071674804

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• SPRINKLER MAGICIAN LLCentered 2024-02-15

  Primary law: FIFRA

Timeline (2 milestones)

• 2024-02-15Final Order Issued
• 2024-04-08Enforcement Action Data Entered