4/9/10 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT IS THE REGISTRANT OF THE EPA REGISTERED PESTICIDES SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE, EPA REG. NO. 5185-441-10305, AND BIOGUARD MAINTAIN SILK SMART STICKS, EPA REG. NO. 5185-400.
ON OR ABOUT JAN 21, 2010, BIO-LAB SUBMITTED A SELF-DISCLOSURE LETTER TO EPA WHICH DISCLOSED THE SALE AND DISTRIBUTION OF SAID REGISTERED PESTICIDES IN VIOLATION OF FIFRA. SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE WAS MISBRANDED IN THAT THE LABEL BORE THE ADDITIONAL STATEMENT AVAILABLE CHLORINE 90% THAT WAS NOT PART OF THE EPA ACCEPTED LABEL. SECTION 2(q)(1)(A) OF FIFRA STATES A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. BIOGUARD MAINTAIN SILK SMART STICKS, WAS MISBRANDED IN THAT THE LABEL FAILED TO BEAR THE COMPLETE INGREDIENT STATEMENT. SECTION 2(a)(2)(A) STATES A PESTICIDE IS MISBRANDED IF THE LABEL DOES NOT BEAR AN INGREDIENT STATEMENT. BASED ON THE AFOREMENTIONED LETTER, THE COMPANY SOLD OR DISTRIBUTED THE MISBRANDED PESTICIDES SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE AND BIOGUARD MAINTAIN SILK SMART STICKS. PURSUANT TO FIFRA SEC 12(a)(1)(E), IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SEEL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED.
ORDER:
RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWIN