11/21/2023: FIFRA NOTICE OF WARNING:
On June 7, 2023, the EPA conducted an inspection at Andersons (EPA Est. No. 9198-AL-1) located at 1500 Furnace Street, Montgomery, Alabama 36104 to determine compliance with FIFRA. Andersons is a toll manufacturer. Under contract with the registrant, SBM Life Science Crop (EPA Co. No. 92564-NC-1), Andersons manufactures and packages Bioadvanced 12-Month Tree & Shrub Protectant and Feed Ready-to-Use Granules II (EPA Reg. No. 92564-49), which is then distributed back to the registrant. The inspectors took photographs of the bin label for the pesticide.
Pursuant to Section 2(q)(1)(F) of FIFRA, 7 U.S.C. ? 136(q)(1)(F), a pesticide is misbranded if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under Section 3(d) of the Act, are adequate to protect health and the environment.
Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), it is unlawful for any person to distribute or sell to any person any pesticide that is misbranded. The term ?to distribute or sell? is defined in Section 2(gg) of FIFRA, 7 U.S.C. ? 136(gg), to mean to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver.