EPA v. Gus?s No Fuss Pool Service, LLC

Case summary

11/29/2023: FIFRA NOTICE OF WARNING The U.S. Environmental Protection Agency has obtained evidence indicating that Gus?s No Fuss Pool Service (hereinafter Gus?s) appears to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On or around February 2, 2023, an inspector authorized by the EPA conducted an inspection at Gus?s facility located at 4501 Lafayette Street, Marianna, Florida 32446 to determine compliance with FIFRA and the regulations promulgated thereunder. The inspection revealed that Gus?s appeared to be repackaging and holding for sale or distribution Ultra Chlor Sodium Hypochlorite (EPA Reg. No. 72122-20002) with a misbranded label. The inspector observed that the label applied to the repackaged Ultra Chlor Sodium Hypochlorite product was missing directions for use which are necessary for effecting the purpose for which the product is intended and to protect health and the environment, as the language differed in multiple ways from the EPA-approved master label for the registered product (Ultrachlor 10.0% Solution; EPA Reg. No. 72122-20002; label approval date March 23, 2018). 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 this Act, are adequate to protect health and the environment. Further, pursuant to 40 C.F.R. ? 156.10(i)(1)(i), every pesticide product shall bear a label containing the information specified by the Act and the regulations in this part, including directions for use that, when followed, must be adequate to protect the public from fraud and from personal injury and to prevent unreasonable adverse effects on the environment. Based on the information contained herein, the Ultra Chlor Sodium Hypochlorite distributed or sold by Gus?s was misbranded pursuant to Section 2(q)(1)(F) of FIFRA.

Defendants (1)

• Gus?s No Fuss Pool Service, LLCNamed in settlement

Facilities (1)

• GUS'S NO FUSS POOL SERVICE

  4501 LAFAYETTE ST, MARIANNA, FL, 32446

  Registry ID: 110067073044

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Gus?s No Fuss Pool Service, LLCentered 2023-11-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-11-29Enforcement Action Closed
• 2023-11-29Final Order Issued
• 2024-01-10Enforcement Action Data Entered