11/19/2010 - STOP SALE, USE OR REMOVAL ORDER ISSUED. ON OR ABOUT AUG 9, 2010, AN INSPECTOR, DULY APPOINTED BY THE EPA ADMINISTRATOR, INSPECTED THE RESPODNENT'S FACILITY AND ON OR ABOUT SEPT 21, 2010, AN INSPECTOR VISITED AND VIEWED RESPONDENT'S WEBSITE.
DURING THE INSPECTION AND VISIT TO RESPONDENT'S WEBSITE, INSPECTOR OBSERVED THAT PERFORMANCE SCRUBS WERE OFFERED FOR SALE BY PERFORMANCE HEALTHCARE PRODUCTS, INC. PERFORMANCE SCRUBS ARE PESTICIDES AS DEFINED IN FIFRA SECTION 2(u) IN THAT THEY ARE A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST.
FURTHER, PERFORMANCE SCRUBS ARE ANTIMICROBIAL PESTICIDES AS DEFINED IN SECTION 2(mm) OF FIFRA, IN THAT THE PRODUCTS ARE INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS ON THE FEBRIC BY PREVENTING THE SPREAD OF BACTERIA AND CONTROLLING INFECTION, INHIBITING 99% OF THE BACTERIA THAT CAUSES ODOR AND MAKING THEM MORE SANITARY THAN ANY SCRUBS AVAILABLE TODAY.
AS ADVERTISED IN PROMOTIONAL MATERIALS AND OFFERED FOR SALE AT RESPONDENT'S WEBSITE, PERFORMANCE SCRUBS ARE ANTIMICROBIAL PESTICIDES WHICH ARE NOT REGISTERED WITH THE EPA. FIFRA SEC 12(a)(1)(A) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON A PESTICIDE THAT IS NOT REGISTERED.
AS ADVERTISED AND OFFERED FOR SALE AT RESPONDENT'S WEBSITE THE PERFORMANCE SCRUBS ARE MISBRANDED IN THAT THEY FAILED TO B