JANUARY 14, 2021 - NOTICE OF WARNING
After reviewing a copy of the label uploaded into the ACE System and reviewing pictures provided by the company, it was found that the label affixed to the outside box did not indicate the establishment where the pesticide was produced. On April 23, 2020, the importer stated that the establishment number was shown on the labels for the 2.5- gallon jugs, but not on the outside of the box. The box labels were not identified with a check mark to show where the product was produced. The importer further stated that they intend to sell the product in boxes to distributors. Pursuant to 40 C.F.R. ? 156.10(a) and Section 2(q)(1)(A) of FIFRA, a pesticide or a device declared subject to FIFRA pursuant to 40 C.F.R. ? 152.500, is misbranded if its labeling does not include an EPA establishment number. Pursuant to Section 12(a)(1)(F) of FIFRA, 7 U.S.C. ? 136j(a)(1)(F), it shall be unlawful for any person in any State to distribute or sell to any person any device which is misbranded.