EPA v. BAYSIDE GARDEN CENTER

Case summary

For two years (2003 and 2004) EPA Region 10 provided extensive Compliance Assistance to RepelleX in an attempt to bring their many pesticide products into compliance with FIFRA and the Minimum Risk Pesticide Exemption. One product, 14-2-2 Fertilizer Tablets, did not meet the criteria for exemption and therefore needed to be registered with EPA to be legally sold or distributed in the United States. In response to a September 23, 2004, Warning Letter from EPA, RepelleX stated that they would discontinue selling the illegal product and requested a grace period to sell existing stocks. EPA agreed to allow them to sell existing stocks till January 31, 2005. On December 29, 2005, a Customs and Border Protection (CBP) Agent notified EPA that RepelleX was shipping several products into the United States through their Harbor Island (Seattle, WA) office. On January 4, 2006, EPA conducted an import inspection of the shipment and discovered that RepelleX was still shipping the unregistered 14-2-2 Fertilizer Tablets into the United States. The other products now known to claim to contain Quarternary Ammonium Salts (RepelleX Deer Repellent Concentrate, and Bulb Saver Concentrate) were found during a marketplace inspection conducted by the Oregon Department of Agriculture. These Stop Sale Orders are being sent to all importers or consignees, and to any distributor that has purchased or sold RepelleX products in the last year. The SSUROs notify the recipient that future imports, sales, or distributions of illegal RepelleX products will subject them to civil penalties of up to $6,500 per act. RepelleX is being carbon copied on every SSURO.

Defendants (1)

• BAYSIDE GARDEN CENTERNamed in settlement

Facilities (1)

• BAYSIDE GARDEN CENTER

  400 B BROWN DEER ROAD, MILWAUKEE, WI, 532172398

  Registry ID: 110028154921

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BAYSIDE GARDEN CENTERentered 2006-01-23

  Primary law: FIFRA

Timeline (3 milestones)

• 2006-01-23Final Order Issued
• 2006-04-25Enforcement Action Data Entered
• 2006-08-02Enforcement Action Closed