So the EPA Contacted me today....

[Eureka Springs Organics]

From the EPA


I am a pesticide inspector with the U.S. Environmental Protection Agency (EPA) in Denver, CO. The Colorado Department of Agriculture forwarded information to EPA about you advertisement of OGBIOWAR Root Pack on your website eurekaspringsorganics.com. The advertisement for OGBIOWAR Root Pack makes pesticidal claims which makes it a pesticide. As it is not registered as a pesticide with EPA, it is an unregistered pesticide. I reviewed your website and came across the Crab Shells product and Diatomaceous Earth product, both of which make pesticidal claims.

A pesticide is any substance that makes a claim to repel, kill, mitigate, control or destroy a pest. Making a claim on a product to do any one of those makes it a pesticidal claim. Specifically, for the Diatomaceous Earth product, your website states “These actions combined make Diatomaceous Earth a very effective natural, and organic pest control product.” That is a pesticidal claim which makes that product a pesticide, which means it need to be registered as a pesticide with EPA. If it is not registered with EPA, it is an unregistered pesticide, which makes it a violation of the Federal Insecticide, Fungicide and Rodenticide Act.

I would like to talk to you about the pesticidal claims on your website. I will send you an email the morning of Wednesday, March 5, to see what your schedule is so we can make an appointment to meet at your convenience. I am busy Wednesday morning until 10.30am but am free after that. If Wednesday doesn’t work, perhaps we can meet Thursday or Friday of this week. I understand you are willing to make appropriate changes to the wording on your website. That is very helpful. Please feel free to call me with any questions or concerns.

My response

I can not believe this email. Where do I live? Am I even in America? Is my freedom of speech not protected anymore? I can not share organic gardening methods with others in America? I am nothing more than an avid gardener with a small business sharing Constitutionally protected information, and you as a representative of the Federal Government are trying to silence me. The First Amendment exists for a reason!


This is appalling at the least. The EPA is nothing more than an extension of big agri-business. You are bought, and paid for many times over by giant Corporations that produce deadly chemicals that your very agency approves for use on food crops ingested by humans. Excuse me if I am a little more than cynical with this situation.


I will not bow down to anyone. No matter what agency they are with.


The only way I will meet with you is if the entire meeting is filmed by me.


Please advise me of the route you would like to take to try to continue to suppress my First Amendment Rights as a Citizen of the United States of America.

Should be fun!

 

[40AmpstoFreedom]

I would say I am surprised, but I am not. I do wonder what every other company out there does selling the very same organic products you do.

By the way I am happy to hear you have OG biowar in stock. It is simply awesome! Extremely expensive the last time I bought it from the companies website given the application rate, but damn it works on so many things. Hopefully the price goes down with increased production.

P.S. love the selection of items you offer I order often.

 

[Eureka Springs Organics]

You can not mentioned insect control at all. Unless the EPA "approves" it.

 

[stoned-trout]

well I aint surprised one bit....thats how it works...our government beating down the small guy...welcome to the game

 

[aligee]

I would say I am surprised, but I am not. I do wonder what every other company out there does selling the very same organic products you do.

By the way I am happy to hear you have OG biowar in stock. It is simply awesome! Extremely expensive the last time I bought it from the companies website given the application rate, but damn it works on so many things. Hopefully the price goes down with increased production.

P.S. love the selection of items you offer I order often.

price was just raised on OGBIOWAR products,

 

[stoned-trout]

price goes down on company......the little guy always gets screwed,especially when he is competeing with established companies.....your organic approach scares em...you prob got ratted on by someone in the buisness

 

[Eureka Springs Organics]

price goes down on company......the little guy always gets screwed,especially when he is competeing with established companies.....your organic approach scares em...you prob got ratted on by someone in the buisness

The Government is nothing but a bully. The EPA is big-agri police, Bought, and paid for. Plain, and simple. I can't believe anyone would want that job. It blows me away.

 

[jayjayfrank]

look like shenans...

BUT

doctors are only allowed to prescribe meds that are made by a company and approved by the FDA

the logic being that we are so smart and science is so advanced that buracracy will stop anything bad from happening

meanwhile everybodys addicted to heroin and the number 1 cause of death is pharmaceuticals...

so in the end believable

 

[trichrider]

isn't the EPA responsible for protecting us against pollution and such?

give 'em hell!

 

[aridbud]

WORDING is the key....coulda woulda shoulda....making claims even if "organic" can raise suspicion. Other words "amend the soil" (re: diatamaceoucous earth, micronutrients should have been in place of your web site) instead of 'pesticides'.

"Making claims" might be a downfall....vague but true wordage should have been displayed (just my opinion folks...don't get your knickers in a twist).

Hope you have legal representation. And if you do, why didn't they caution you of certain claims, or have it reviewed??

EPA can stomp on the little fellows....big lobby, persistent.Contact your US representatives.

Don't aggravate the situation by quoting "free speech". Responding more like "the situation is under advisement"....then that gives you more options.

I have lint in my pockets and only a penny's worth of advice.

 

[rives]

Actually, I don't think that 1st amendment rights apply to advertising copy. Any snake oil company could make wild & completely unsubstantiated claims about their product's capabilities.

 

[Eureka Springs Organics]

Actually, I don't think that 1st amendment rights apply to advertising copy. Any snake oil company could make wild & completely unsubstantiated claims about their product's capabilities.

All I do is reiterate the truth about products. You can pick up many organic gardening books that will say the same thing about DE, and crab shells.

These are base products, Crab shells, and DE. They are naturally occurring. They are made by whoever, or whatever you believe created the earth.

They don't have a problem with me selling the products. They have a problem with me telling the truth about the products.

I in no way lie about anything. I am just spreading information(which is protected) about said products.

I can't believe anyone would side with the Government over words.

Words are nothing more than made up sounds that humans collectively agree on. They are not a fact.

What I say about these products(which are natural and safe) is a fact.

 

[Green81]

I like your gritty determination but sometimes we all have to play the 'game' even though we know it's meaningless.

Peace
G81

 

[rives]

I didn't suggest that you were being untruthful. I was stating that laws exist about making advertising claims to protect consumers from unscrupulous vendors and while it may seem absurd in this instance, they are generally a good thing. The 1st amendment does not apply in this case.

 

[mcfly420]

I'd say something like, this is what the product is commonly used for, on the site.

 

[smokejoints]

You probably can't win against a govt agency, just do some clever rewording

 

[ChemDgMillionre]

Unbelievable. But fully believable.. Ha! Good luck man. Ya, I would suggest not aggravating the situation, but stay 120% confident when speaking with them. Just be two steps ahead of everything they say, but deliver it in a professional manner. This guy will feel like a 6th grade boy after u knock him down a peg or two, the right way.

 

[Microbeman]

You probably can't win against a govt agency, just do some clever rewording

I would draw some advice from this and what rives has said.

 

[unclefishstick]

rives is right,theres no free speech involved here.dont mess with the feds,do what they ask and say yes sir or your business will be fined out of existence.it sucks but there it is...

 

[SativaBreather]

They're arseholes - look at the shit they give raw milk producers/sellers ffs! I agree with and admire your response and wish you the best of luck fighting them, but do be prepared for more shit off them.