EPA v. Applegate Greenfiber, LLC_GA

Case summary

FIFRA NOTICE OF WARNING: 4/24/2025 Applegate Greenfiber, LLC FIFRA Notice of Warning Case File No. FIFRA-04-2025-3506 The U.S. Environmental Protection Agency regulates the registration, distribution, sale and use of pesticide products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or the Act), as amended, 7 U.S.C. ? 136 et seq. The EPA has reason to believe that Applegate Greenfiber, LLC (herein Applegate) may be in violation of, or may have committed violations of, provisions of FIFRA as set forth below. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E) it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded. Therefore, Applegate sold or distributed TAP and OrkinTherm as misbranded pesticide products in apparent violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E). 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. Pursuant to Section 2(q)(1)(D) of FIFRA, 7 U.S.C ? 136(q)(1)(D), a pesticide is ?misbranded? if its label does not bear the registration number assigned under section 7 to each establishment in which it was produced. 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 this Act, are adequate to protect health and the environment. Pursuant to FIFRA Sections 12(a)(1)(E), 7 U.S.C. ? 136j(a)(1)(E) it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded.

Defendants (1)

• Applegate Greenfiber, LLCNamed in settlement

Facilities (1)

• APPLEGATE GREENFIBER, LLC

  1241 MEADOWBROOK DRIVE, EASTANOLLEE, GA, 30538

  Registry ID: 110067116506

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Applegate Greenfiber, LLC_GAentered 2025-04-24

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-04-24Enforcement Action Closed
• 2025-04-24Final Order Issued
• 2025-05-01Enforcement Action Data Entered