11/21/2023: FIFRA NOTICE OF WARNING:
On February 3, 2020, an authorized representative of the EPA conducted an inspection at Seapac (EPA Est. No. 72797-AL-1) located at 4588 Cypress Business Park Drive, Mobile Alabama 36619 to determine compliance with FIFRA. During the inspection, it was found that Seapac manufactures one product for Tessenderio Kerley Inc., Surround WP Agricultural Crop Protectant (EPA Reg. No. 61842-18). The product was being exported to Belgium, Italy, Chile, Portugal, and Costa Rica. Upon review of the product label, it appeared Seapac was exporting the product as a registered pesticide. However, the product label did not match the EPA-approved label and was therefore misbranded. Specifically, the label did not include a complete Directions for Use section as required under FIFRA Section 2(q)(1)(F). Additionally, the label included the following phrases, ?Not registered for use in the United States of America as labeled in foreign countries? and ?For export only,? which appeared to be false or misleading statements in apparent violation of FIFRA Section 2(q)(1)(F), as the product was a pesticide registered in the United States.
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,