A SSURO was issued to Douglas Products and Packaging, May 10, 2016, in violation of FIFRA Section 12(a)(1)(E) for the unlawful sale and distribution of a restricted use pesticide, PH3 Aluminum Phosphide Fumigant Pellets and PH3 Aluminum Phosphide Tablets which were misbranded. Douglas was ordered to consolidate violative products under its control and custody at its Liberty, Missouri establishment. The products are in violation of FIFRA due to the products label differing from EPA accepted label. In response to the order and other EPA compliance activities, Douglas Products sought and received approval for amended labels for the products on April 27, 2016. During a June 14, 2016 inspection of two subsequent shipments, EPA confirmed that identified label violations had been resolved. However, two newest shipments (Entry No. 568-0614758-5) were misbranded because the product labels lacked batch codes. EPA regulations require that non-refillable pesticide containers have such information so that in case of cross-contamination or other formulation issues, or efficacy failures, all affected batches can be identified, located, and controlled to prevent further distribution. On June 24, 2016, Douglas Products notified EPA of four additional shipments (Entry Nos. 568-0614799-9 anf 568-0000100-2) en route to the U.S. were misbranded in the same way.
On July 7, 2016, EPA amended the SSURO to allow for the transfer of the four PH3 products mentioned above for not bearing batch