6/12/2025 - STOP SALE, USE, OR REMOVAL ORDER ISSUED.
ALLEGED VIOLATIONS:
ON OCTOBER 3, 2023, AN AUTHORIZED REPRESENTATIVE OF THE EPA PERFORMED AN INSPECTION AT THE FACILITY TO COLLECT INFORMATION RELATED TO RESPONDENT?S COMPLIANCE WITH FIFRA (THE 2023 INSPECTION). DURING THE 2023 INSPECTION, THE INSPECTOR OBSERVED AND PHOTOGRAPHED SEVERAL ULTRAVIOLET (UV) MACHINES THAT WERE PRODUCED AT THE FACILITY, UNPACKAGED MACHINES, AND PACKAGED MACHINES READY FOR SHIPMENT. A REPRESENTATIVE FOR THE RESPONDENT PROVIDED RESPONDENT?S WEBSITE WHERE DOCUMENTATION IS PROVIDED FOR THE PRODUCTS. WHILE AT THE FACILITY, THE INSPECTOR DOWNLOADED DOCUMENTS FROM THE WEBSITE. BOTH THE INSPECTOR AND A REPRESENTATIVE FROM EVERGREEN INITIALED EACH OF THE 2023 DOCUMENTS WHICH MADE CERTAIN PESTICIDAL CLAIMS FOR THE PRODUCTS. ALSO OBSERVED WERE SEVERAL MACHINES READY FOR SHIPMENT WITHOUT NECESSARY WARNINGS ON LABELS AND ONE PRODUCT WITHOUT THE LABEL NOR ESTABLISHMENT NUMBER OF THE FACILITY COULD BE SEEN.
ON APRIL 12, 2024, AN INSPECTOR FOR THE EPA VISITED THE WEBSITE AND REVIEWED DOCUMENTATION (THE 2024 DOCUMENTS) FOR EACH OF THE TWELVE (12) DEVICE SERIES THAT REVEALED THAT CERTAIN PESTICIDAL CLAIMS. ON AUGUST 21 AND 23, 2024, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED A SECOND INSPECTION AT THE FACILITY (THE 2024 INSPECTION) DURING WHICH PHOTOGRAPHS WERE TAKEN OF MACHINES. THE INSPECTOR WAS PROVIDED RECORDS SUMMARIZING SALES OF PRODUCTS FROM 2021 THROUGH 2024 AND WRITTEN STATEMENT STATING THE