EPA v. Applegate Greenfiber, LLC

Case summary

FIFRA NOTICE OF WARNING: 4/24/2025 Applegate Greenfiber, LLC FIFRA Notice of Warning Case File No. FIFRA-04-2025-3507 Dear Bob Bouffard: 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. Summary of Facts On or around September 24, 2024, an authorized representative of the EPA conducted a For-Cause Producer Establishment Inspection at Applegate?s facility (EPA Est. No. 102529-FL-1) located at 3701 East Columbus Drive, Tampa, Florida 33605. The inspection revealed that Applegate produces Thermal, Acoustical, Pest Control Insulation (herein TAP) (EPA Reg. No. 89140-1 or 103652-1). During the inspection, photographs were taken of the label and labeling of the product TAP. Sales records, also collected during the inspection, demonstrated that Applegate sold or distributed TAP between December 11, 2023, and September 18, 2024. Upon review of the TAP label photographed during the inspection, the following inconsistencies were found between the collected label and the most recent EPA accepted label: ? States ?Pesticide Storage: Store product in a dry area.? instead of ?Pesticide Storage: Store product in a cool, dry area.? in Storage and Disposal section. ? Adds ?See Front Panel For Properties & Usage? on top panel. The language of the collected label appears to be inconsistent with the most recent EPA label that was accepted on May 7, 2023. Based on the statements on the label, and that the label did not contain directions for use necessary and consistent with the registered product, the TAP, which was distributed or sold by Applegate, was misbranded. 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 as a misbranded pesticide in apparent violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E).

Defendants (1)

• Applegate Greenfiber, LLCNamed in settlement

Facilities (2)

• US GREENFIBER LLC

  3701 E COLUMBUS DR, TAMPA, FL, 33605

  Registry ID: 110022411200

• US GREENFIBER LLC

  3701 E COLUMBUS DR, TAMPA, FL, 33605

  Registry ID: 110022411200

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Applegate Greenfiber, LLCentered 2025-04-24

  Primary law: FIFRA

Timeline (3 milestones)

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