EPA v. CHEMSTATION OF FLORIDA

Case summary

FIFRA NOW: 8/21/2025 ChemStation of Florida Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2025-3512 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 is issuing this Notice of Warning (NOW) to ChemStation of Florida (hereinafter ChemStation), pursuant to section 14(a)(4) of FIFRA. The EPA finds that ChemStation violated FIFRA section 12(a)(1)(A) by distributing or selling unregistered pesticides and FIFRA section 12(a)(1)(E) by distributing or selling adulterated or misbranded pesticides. ALLEGED VIOLATIONS: On or around August 30, 2024, an authorized representative of the EPA conducted an inspection at ChemStation's facility (EPA Est. No. 74556-FL-1) located at 11210 Phillips Industrial Boulevard East, Suite 11, Jacksonville, Florida 32256. During the inspection, labels and sales and distribution records were collected for Aqua Guard Chlorinating Sanitizer 10.5% (hereinafter Aqua Guard) and ChemSan 0865 (hereinafter ChemSan). Additionally, a label that is representative of the one on a bulk tank of Aqua Guard observed during the inspection was collected. Based on the review of the collected labels for the Aqua Guard bulk container and bulk tank, the labels did not contain directions for use necessary to make the products effective and to adequately protect health and the environment, as such the Aqua Guard, which was distributed or sold by ChemStation, 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, ChemStation sold or distributed Aqua Guard as a misbranded pesticide in violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E). Based on the review the collected label for the ChemSan bulk container, the label did not match that of the EPA registered product. Because the label does not match the EPA registered product, it does not meet the requirements of Title 40 of the Code of Federal Regulations (C.F.R.) 152.132(d), therefore making the product unregistered. Pursuant to Section 12(a)(1)(A) of FIFRA, 7 U.S.C. 136j(a)(1)(A), it is unlawful for any person in any State to distribute or sell to any person any pesticide that is not registered under section 3 or whose registration has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under FIFRA. Therefore, ChemStation sold or distributed ChemSan as an unregistered pesticide in violation of Section 12(a)(1)(A) of FIFRA, 7 U.S.C. 136j(a)(1)(A).

Defendants (1)

• CHEMSTATION OF FLORIDANamed in settlement

Facilities (1)

• CHEMSTATION OF FLORIDA

  11210 PHILLIPS INDUSTRIAL BLVD E STE 11, JACKSONVILLE, FL, 32256

  Registry ID: 110038256473

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• CHEMSTATION OF FLORIDAentered 2025-08-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-08-21Enforcement Action Closed
• 2025-08-21Final Order Issued
• 2025-08-25Enforcement Action Data Entered