EPA v. The Andersons ALACO Lawn, Inc.

Case summary

11/21/2023: FIFRA NOTICE OF WARNING: On June 7, 2023, the EPA conducted an inspection at Andersons (EPA Est. No. 9198-AL-1) located at 1500 Furnace Street, Montgomery, Alabama 36104 to determine compliance with FIFRA. Andersons is a toll manufacturer. Under contract with the registrant, SBM Life Science Crop (EPA Co. No. 92564-NC-1), Andersons manufactures and packages Bioadvanced 12-Month Tree & Shrub Protectant and Feed Ready-to-Use Granules II (EPA Reg. No. 92564-49), which is then distributed back to the registrant. The inspectors took photographs of the bin label for the pesticide. Pursuant to Section 2(q)(1)(F) of FIFRA, 7 U.S.C. ? 136(q)(1)(F), 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. 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.

Defendants (1)

• The Andersons ALACO Lawn, Inc.Named in settlement

Facilities (1)

• THE ANDERSONS PLANT NUTRIENT GROUP

  1500 FURNACE STREET, MONTGOMERY, AL, 36104

  Registry ID: 110015854011

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• The Andersons ALACO Lawn, 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