EPA v. Solutions Pest & Lawn

Case summary

Solutions Pest & Lawn: 10/11/2024 FIFRA Notice of Warning Case File No. FIFRA-04-2024-3816 The U.S. Environmental Protection Agency has obtained evidence indicating that Solutions Pest & Lawn, (hereinafter Solutions), appears to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On or around July 26, 2023, the EPA conducted a for-cause inspection at Solutions, located at 100 Solutions Parkway, Thomaston, Georgia 30286. The inspection revealed that Solutions had sold and distributed the following pesticides: Assure II (EPA Reg. No. 5481-656), Mazata (EPA Reg. No. 91234-175) and Up-Cyde (EPA Reg. No. 70506-20). During the inspection, photographs of all three pesticides were taken. Subsequent to the inspection, on August 7, 2023, Solutions provided copies of the bin labels and sales records showing Assure II (EPA Reg. No. 5481-656) was sold in May of 2022 and Mazata (EPA Reg. No. 91234-175) was sold between September of 2021 and December of 2022. Additionally, Solutions provided sales records on May 8, 2024, showing Up-Cyde (EPA Reg. No. 70506-20) was sold in June and July of 2023. 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. Since the label affixed to the Mazata (EPA Reg. No. 91234-175) product label did not contain directions for use which are necessary for effecting the purpose for which the product is intended, the product appear to be misbranded as defined in Section 2(q)(1)(F) of FIFRA, 7 U.S.C. ? 136(q)(1)(F). In response to the potential violation of FIFRA at the facility, the EPA is issuing this Notice of Warning (NOW) to Solutions pursuant to FIFRA Section 9(c)(3), 7 U.S.C. ? 136g(c)(3). The EPA has determined at this time that a NOW is the appropriate enforcement response for the company?s apparent violation of FIFRA, provided that within 30 days of the receipt of this NOW, you or another authorized official of Solutions submits a signed statement indicating that compliance with FIFRA has been achieved and identifying the actions taken to achieve compliance with the requirements set forth above. If this statement is not submitted and/or compliance is not achieved, the EPA may initiate a more formal enforcement action which could include the filing of a complaint and the assessment of a civil penalty. The statement should be submitted by email to the Case Development Officer for this matter, Deborah Ortiz, at ortiz.deborah@epa.gov.

Defendants (1)

• Solutions Pest & LawnNamed in settlement

Facilities (1)

• SOLUTIONS PEST & LAWN

  100 SOLUTIONS PARKWAY, THOMASTON, GA, 30286

  Registry ID: 110070865877

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Solutions Pest & Lawnentered 2024-10-11

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-10-11Final Order Issued
• 2024-10-11Enforcement Action Closed
• 2024-10-24Enforcement Action Data Entered