FIFRA NOW: 8/9/2024
Aqua Pool & Spa Supply
Notice of Warning and Notice of Intent to Terminate Establishment Registration ? Immediate
Action Required
Docket No.: FIFRA-04-2024-3701
This Notice of Warning is issued to Aqua Pool & Spa Supply pursuant to Section 9(c)(3) of FIFRA,
7_U.S.C._?_136g(c)(3). The U.S. Environmental Protection Agency is hereby alleging that Aqua Pool &
Spa Supply violated Section 12(a)(2)(L) of FIFRA, 7_U.S.C._?_136j(a)(2)(L), by failing to file one or more
annual Pesticide Report(s) for Pesticide-Producing and Device-Producing Establishments (EPA Form
3540-16) for one or more years and establishments, as required by Section 7(c) of FIFRA,
7_U.S.C._?_136e(c). The annual reports identified as missing are as follows:
Pursuant to 40 C.F.R. ? 167.85(d), producers operating an active establishment must submit an annual
report on or before March 1, of each year covering production during the previous calendar year (the
reporting year), even if no pesticide product or device was produced at the establishment for that
reporting year. Pursuant to Section 14 of FIFRA, 7 U.S.C._136l, and 40 C.F.R. Part 19, failure to comply
with this reporting requirement may subject your producing establishment to an administrative civil
penalty. The EPA has determined, at this time, that a Notice of Warning is the appropriate
enforcement response for your company?s apparent violation of FIFRA. Should additional information
related to FIFRA compliance come