EPA v. E M SYSTEMS

Case summary

In 2014 E.M. Systems Inc., doing business as Chem Mark of Utah, was a pesticide manufacturer headquartered in Woods Cross, Utah. This facility was producing an antimicrobial pesticide product called Klor 300, EPA Registration Number 7726-24, whose active ingredient is sodium hypochlorite. This facility was inspected May 14, 2014 by an EPA FIFRA inspector. As part of completing the inspection report a thorough label review revealed that the Klor 300 label did not contain label language required by 40 C.F.R. ?? 156.140 through 156.159; listed E.M. Systems as the registrant when they are not; and E.M. Systems was not registered as a supplemental distributor of this product when they should have been. The inspection also revealed Container and Containment Rule (CCR) violations, and Confidential Statement of Formulation violations. On February 4, 2016 Region 8 issued a Stop Sale, Use and Removal Order(SSURO) to E. M. Systems Inc., ordering the company to stop selling and distributing the misbranded pesticide, and to address the CCR violations. On September 29, 2016, the EPA issued a Combined Complaint and Consent Agreement for the above mentioned violations.

Defendants (1)

• D KIRK JENKINSNamed in complaintNamed in settlement

Facilities (1)

• CHEM MARK

  1931 WEST 2425 SOUTH, WOODS CROSS, UT, 84087

  Registry ID: 110038262260

Statutes cited

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

Enforcement conclusions (1)

• E M SYSTEMSentered 2016-09-29

  Primary law: FIFRA

  Federal penalty: $10,995

Timeline (4 milestones)

• 2016-09-29Final Order Issued
• 2016-09-29Complaint Filed/Proposed Order
• 2016-10-12Enforcement Action Data Entered
• 2017-03-06Enforcement Action Closed