EPA v. Lake Hardware and Feed

Case summary

1/3/2024: FIFRA NOTICE OF WARNING The inspection revealed that Lake Hardware and Feed appeared to be repackaging and holding for sale or distribution Aqua Guard Chlorinating Sanitizer (EPA Reg. No. 33458-23) with a misbranded label. The inspector observed that the label applied to the repackaged Aqua Guard Chlorinating Sanitizer 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 from the EPA-approved label for the registered product (approval date August 4, 2014). Specifically, when compared to the EPA-approved master label, the label applied by Lake Hardware and Feed did not instruct the user how to properly winterize pools after using the product. 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 Aqua Guard Chlorinating Sanitizer distributed or sold by Lake Hardware and Feed was misbranded pursuant to Section 2(q)(1)(F) of FIFRA.

Defendants (1)

• Lake Hardware and FeedNamed in settlement

Facilities (1)

• LAKE HARDWARE AND FEED

  317 LAKES BOULEVARD, LAKE PARK, GA, 31636

  Registry ID: 110071642396

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Lake Hardware and Feedentered 2024-01-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-01-03Enforcement Action Closed
• 2024-01-03Final Order Issued
• 2024-01-10Enforcement Action Data Entered