EPA settles with Tucson chemical manufacturer for $2,500

SAN FRANCISCO – In a recent settlement, the U.S. Environmental Protection Agency and Oasis Nursery and Hardware Products, Inc., a Tucson, Ariz. chemical manufacturer, agreed to a $2,500 penalty for Oasis Nursery’s alleged sale or distribution of unregistered and misbranded pesticides.

The violations were discovered during a September 2006 inspection performed by the Arizona Department of Agriculture

“Companies must ensure that all products that claim to act as pesticides are registered with the EPA and that labels contain accepted language aimed at protecting human health and the environment,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “Consumers need the proper use information and precautions to ensure they are applying pesticide products safely and correctly.”

The EPA determined that in July 2006, Oasis Nursery sold or distributed the unregistered pesticide Root Brute Sewer Treatment Root Destroyer, a product marketed for keeping sewer lines free of roots. The Root Brute contained an active ingredient from an unapproved source, which rendered the pesticide unregistered. In addition, the pesticide, being sold at a Tucson ACE Hardware, was misbranded because its labeling failed to include the word “danger”, a required warning for this product.

The Federal Insecticide, Fungicide, and Rodenticide Act regulates the production, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. The sale or distribution of a pesticide that has not been registered with the EPA is a violation of federal pesticide law, which requires registration of pesticide products and proper pesticide labeling. These requirements protect public health and the environment by ensuring safe production, handling, and application of pesticides, and by preventing false, misleading, or unverifiable product claims.