EPA v. Control Solutions, Inc.

Case summary

FIFRA NOW: Control Solutions, Inc. Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2025-3531 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 Control Solutions, Inc. (hereinafter Control Solutions), pursuant to Section 9(c)(3) of FIFRA, 7 U.S.C. ? 136g(c)(3) which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Control Solutions violated FIFRA Section 12(a)(1)(E) by distributing or selling adulterated or misbranded pesticides. After reviewing the product label that was uploaded to DIS, the EPA determined that the label on the imported product contained a net weight in kilograms. Pursuant to Title 40 of the Code of Federal Regulations (C.F.R.) 156.10(d)(2), if the pesticide is a liquid, the net content statement shall be in terms of liquid measure and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons. After reviewing the product label that was uploaded to DIS, the EPA determined that the label on the imported product stated the product has been manufactured by a company, yet the EPA Est. No. listed on the label was not manufactured by that facility. Pursuant to 40 CFR 156.10(c), the label should contain the name and address of producer, registrant, or person for whom produced. An unqualified name and address given on the label shall be considered as the name and address of the producer. If the registrant's name appears on the label and the registrant is not the producer, or if the name of the person for whom the pesticide was produced appears on the label, it must be qualified by appropriate wording such as ?Packed for * * *,? ?Distributed by * * *,? or ?Sold by * * *? to show that the name is not that of the producer. Based on the incorrect name of the company that manufactured the product on the label affixed to the imported product, the product Prometon Technical (EPA Reg. No. 11603-30), which was imported and therefore distributed or sold by Control Solutions, 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. This NOW only resolves Control Solutions? civil liability for the specific violations set forth above for the instances described in this NOW. The EPA has the right to institute further enforcement actions for any additional or continuing violations. The EPA may also institute further enforcement proceedings to recover appropriate relief upon obtaining evidence that any information or representations made by Respondent were false, inaccurate, or misleading. Nothing in this NOW relieves Control Solutions of its obligation to comply with all applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor shall it constitute a waiver, suspension, or modification of the requirements of FIFRA and any regulations promulgated thereunder.

Defendants (1)

• Control Solutions, Inc.Named in settlement

Facilities (1)

• CONTROL SOLUTIONS, INC.

  2 MAIN STREET, SAVANNAH, GA, 31408

  Registry ID: 110072071644

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Control Solutions, Inc.entered 2025-09-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-09-03Enforcement Action Closed
• 2025-09-03Final Order Issued
• 2025-09-10Enforcement Action Data Entered