Stop Sale, Use, or Removal Orders issued to Amazon Services, LLC, and Sirowl Technology, LLC
On June 3, 2019, U.S. EPA Region 10 issued Stop Sale, Use or Removal Orders (SSUROs) to Amazon Services, LLC and Sirowl Technology, LLC, directing the companies to immediately stop the sale and distribution of unregistered and misbranded pesticide products.
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Overview
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), all pesticides must be registered with the U.S. Environmental Protection Agency before being distributed or sold. “To distribute or sell” is a term defined by FIFRA to include distributing, selling, offering for sale, offering to deliver, shipping, etc. In addition to unregistered pesticides, FIFRA also prohibits the distribution or sale of pesticides that are misbranded. The term “misbranded” applies to pesticides with false or misleading labeling, pesticides offered for sale as imitations of other pesticides, pesticides with labels missing certain required information, such as the ingredient statement and appropriate directions for use, and in other scenarios. EPA has the authority under FIFRA section 13 to issue a SSURO to any person who owns, controls, or has custody of pesticides that have been or are intended to be distributed or sold in violation of FIFRA. EPA also has the authority under FIFRA section 14 to assess civil penalties to any entity that has distributed or sold unregistered or misbranded pesticides.
Amazon Services, LLC, is an online retailer and distributor of millions of consumer goods, including pesticides regulated by FIFRA. Products offered for sale and purchased through amazon.com are distributed to consumers in one of three ways: by Amazon directly, by third party sellers directly, or through the “Fulfillment by Amazon” service.
Sirowl Technology, LLC, is a company incorporated and located in the State of Wyoming that distributed and sold pesticides on amazon.com using the “Fulfillment by Amazon” service.
Background
This is the third SSURO issued to Amazon since 2015. On August 12, 2015, EPA Region 10 issued a SSURO to Amazon that prohibited it from further distributing or selling unregistered and misbranded insecticidal chalk products. EPA issued another SSURO to Amazon on January 29, 2016, prohibiting the sale or distribution of several different unregistered and misbranded pesticide products claiming effectiveness against insect and rodent pests.
After the 2016 SSURO, EPA and Amazon resolved by settlement over four thousand FIFRA violations in a Consent Agreement and Final Order (CAFO) issued on February 14, 2018. In the CAFO, Amazon agreed to pay a civil penalty in the amount of $1,215,700 and agreed to fund and develop a Supplemental Environmental Project (SEP) to significantly reduce the number of illegal pesticides available generally to U.S. consumers through e-commerce marketplaces. Specifically, Amazon agreed to develop a publicly available online training course, downloadable educational materials, and test, about the requirements of FIFRA and its regulations. The training would be mandatory for any amazon.com sellers intending to sell pesticides (or devices regulated by FIFRA), but would be available to any member of the public, and would be published in English, Spanish and Chinese. As of the date of the June 2019 SSURO, Amazon had developed and was in the process of implementing the program.
Basis for the Orders
From approximately March 2018 until the issuance of the 2019 SSUROs, Region 10 reviewed information submitted by the public and collected by its own investigation of pesticide products being distributed or sold on amazon.com in violation of FIFRA; conducted several inspections of offers for sale of pesticides on amazon.com; and analyzed product samples. The information collected gave the EPA reason to believe Amazon and Sirowl had been distributing or selling, and intended to continue distributing and selling, unregistered and misbranded pesticides in violation of FIFRA.
Specifically, EPA had reason to believe that on multiple occasions between November 1, 2017, and April 14, 2019, Amazon distributed and sold the following unregistered and misbranded pesticides: counterfeit Advion Cockroach Gel Bait, counterfeit Advion Ant Gel products, Bagoro Cockroach Gel Bait, HaRuion Cockroach Gel Bait, HaRuion Spa mineral sanitizer for spas, Just One Bite II Bars, FINAL Rodenticide Ready-to-Use Place Pacs, Havoc Rodenticide Bait Pack Pellets with Bitrex, and Contrac Rodenticide Ready-to-Use Place Pac. EPA also had reason to believe that on multiple occasions between the same timeframe, Sirowl distributed and sold the following unregistered and misbranded pesticides: Bagoro Cockroach Gel Bait and HaRuion Cockroach Gel Bait.
Summary of the Orders
Pursuant to the authority in FIFRA section 13, EPA ordered Amazon and Sirowl to immediately stop the sale, use, or removal of the products listed in the respective SSUROs that were under their ownership, control or custody, wherever they were located. The SSUROs also prohibit those two parties from using, selling, offering for sale, holding for sale, shipping, delivering for shipment, moving or removing for disposal from any facility or establishment, the subject products for any reason, unless approved by EPA in writing. The SSUROs shall remain in effect unless and until revoked, terminated, suspended or modified in writing by EPA.
More information on the use of Stop Sale, Use, or Removal Orders.
For more information, contact:
Brett Dugan
U.S. EPA Region 10
Mail Stop 11-C07
1200 Sixth Ave., Suite 155
Seattle, WA 98101
[email protected]
Bill Dunbar
U.S. EPA Region 10
Mail Stop 12-D12
1200 Sixth Ave., Suite 155
Seattle, WA 98101
[email protected]
Adrienne Trivedi
U.S. EPA Headquarters
William Jefferson Clinton Building
1200 Pennsylvania Ave NW
Mail Code 2249A
Washington, DC 20460
[email protected]