EPA v. Climate Control Systems Inc.

Case summary

The Ozone Lite 30 is a FIFRA regulated product because it is intended for a pesticidal purpose and is intended for trapping, destroying, repelling, or mitigating any pest, which includes virus, bacteria, or other micro-organism, or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals). 7 U.S.C. ?? 136(h), 136(u). The Ozone Lite 30 is misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because there is no EPA Establishment Number, no directions for use, and no caution or warning statements on their labels. The Ozone Lite 30 is also misbranded because the labeling is false or misleading as defined by 7 U.S.C. ? 136(q)(1) and 40 C.F.R. ? 156.10(a)(5). Therefore, these products are misbranded pursuant to 7 U.S.C. ? 136(q)(1). The shipment that arrived at the border for import is also in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N), because a registrant, wholesaler, dealer, retailer, or other distributor failed to file reports required by the Act. As required by 19 C.F.R. section 12.114, a Notice of Arrival of Pesticides and Devices, EPA form 3540-1, and a copy of one product label must be submitted.

Defendants (1)

• Climate Control Systems Inc.Named in complaintNamed in settlement

Facilities (1)

• CLIMATE CONTROL SYSTEMS INC.

  408 MERSEA ROAD 3, ONTARIO, XX, N8H3V5

Statutes cited

• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• Climate Control Systems Inc.entered 2024-12-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-12-03Enforcement Action Closed
• 2024-12-03Final Order Issued
• 2024-12-13Enforcement Action Data Entered