EPA v. Five Below - Kpower Sublease

Case summary

FIFRA NOW: 4/8/2026 FIVE BELOW - KPOWER SUBLEASE Notice of Warning for Non-filing of Pesticide Reports Docket No.: FIFRA-04-2026-3871 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) pursuant to Section 9(c)(3) of FIFRA, 7 U.S.C. ? 136g(c)(3). As explained below, the EPA finds that FIVE BELOW - KPOWER SUBLEASE violated FIFRA Section 12(a)(2)(L) by failing to comply with provisions of Section 7. Pursuant to Section 7(c) of FIFRA, 7 U.S.C. ? 136e(c), and regulations promulgated thereunder at Title 40 of the Code of Federal Regulations (C.F.R.), Section 167.85(d), a pesticide producer operating an establishment must submit an initial report no later than 30 days after the first registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1st of each year, even if the producer has produced no pesticidal product for that reporting year. Pursuant to Section 12(a)(2)(L) of FIFRA, 7 U.S.C. ? 136j(a)(2)(L), it is unlawful for any person who is a producer to violate any of the provisions of Section 7 of FIFRA. Relevant definitions of ?produce,? ?producer,? ?establishment,? and ?pesticidal product? are found in Section 2 of FIFRA, 7 U.S.C. ? 136 and 40 C.F.R. Section 167.3. The evidence obtained by the EPA indicates that FIVE BELOW - KPOWER SUBLEASE has failed to file one or more annual Pesticide Reports for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for one or more years and establishments. The annual reports identified as missing are as follows: - EPA Establishment Number: 100681-MS-1 - Reporting Year(s): 2022, 2023, 2024

Defendants (1)

• Five Below - Kpower SubleaseNamed in settlement

Facilities (1)

• FIVE BELOW - KPOWER SUBLEASE

  9105 HACKS CROSS RD, OLIVE BRANCH, MS, 38654

  Registry ID: 110071071628

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Five Below - Kpower Subleaseentered 2026-04-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-04-08Final Order Issued
• 2026-04-08Enforcement Action Closed
• 2026-04-20Enforcement Action Data Entered