So the EPA Contacted me today....

[Weird]

use the verbiage integrated pest management and explain outright the fda wont allow you to call it a pesticide but in reality IPM is THE natural alternative to chemical pesticides

then link people to agricultural university systems that endorse organic integrated pest management

educate the masses and it a win/win cause people will have to start question the mainstream practice of pesticide use

 

[Weird]

http://www.nysipm.cornell.edu/

What is IPM?

IPM—integrated pest management—is your choice for solid science, sound solutions in dealing with pests. We promote safe, least-toxic solutions to both pest and pesticide problems.
What can IPM do for me? IPM helps you deal with pests—insects, plant diseases, weeds, and more—with methods that help keep health and environmental risks as low as possible while saving you money.
What’s in a name? IPM is integrated because it brings together, or integrates, a range of biological, organic, cultural, mechanical, and chemical options for pest problems. And it’s about management because you can only manage pests—you can’t eliminate them, no matter what people say. Although IPM used to focus on insect pests, the range now includes fungi, bacteria, viruses, weeds, wildlife, and more.
Integrated pest management rarely relies on just one tactic—it integrates tactics to prevent pests entirely or reduce them to levels you can live with.
Good science. Good sense. IPM.

 

[dank.frank]

http://www.epa.gov/oppfead1/labeling/lrm/

This is the information they are looking for you to be compliant on.

You need to show them National Organic Program rules:

NOP Rule: 205.206(b)(3), 205.206(d)(2) & 205.206(e)

http://www.law.cornell.edu/cfr/text/7/205.206

DE is classified under the previous rules as:

Status: Allowed with Restrictions
Class: Crop Pest, Weed, and Disease Control
Origin: Nonsynthetic
Description: For use as a pest lure, repellent, or as part of a trap, or as a disease control. May be used for other pesticidal purposes only if the requirements of 205.206(e) are met.

They need to realize the claims you are making are not that of your own construction, but rather the information you obtained from currently existing government resources.

Do you have proper MSDS forms on hand for all the products you currently sell? If not, that should be your next immediate concern...

Since you are simply repacking materials (not technically making anything new) you are buying from other suppliers - you can use the MSDS registered by the supplier.

This is a very common issue that arises out of re-packaging though...when you relabel something, it is the same as re-branding. Every new "brand" of a product needs to have it's own MSDS and registration with the proper governing bodies - even if similar, or the exact same product is already on file with which ever agency.

I've dealt with these very same issues before...

Hope this information has been helpful.



dank.Frank

 

[rives]

Or, of course, you can continue to ignore everyone's advice and continue on your path to putting yourself out of business in an adolescent "blaze of glory". Gee, I wonder if your anonymous complainant/competitor understood you well enough to see that this would be the end result.

 

[Eureka Springs Organics]

Or, of course, you can continue to ignore everyone's advice and continue on your path to putting yourself out of business in an adolescent "blaze of glory". Gee, I wonder if your anonymous complainant/competitor understood you well enough to see that this would be the end result.

I did not know trying to make changes was adolescent.

To each their own I suppose.

 

[mowood3479]

I dont think sacrificing your buisness in an act of martyrdom will do anything at all but cost the op time, $ and possibly freedom. Anyone i know who has told the federal gov to fuck off has been given a long vacation... apples and oranges but they have locked enough people away in a cage that I think it bears thinking about whether you want to fight the government on something like this..
id take down the pesticide claims of ur webpage... and spread the info another way.. and still sell the same stuff.. my advice, play their game. everything to lose and absolutely nothing to gain but an ego boost.. at least IMO..
and i know it can be hard to stomach... been arrested more than once because i couldnt keep my mouth shut

 

[Eureka Springs Organics]

Gardening equals fun. A gardening business does not equal fun.

I will be posting discount codes for soil amendments soon.

Cash in guys as I am out.

 

[Twitch710]

@ESO

@ESO

Hey man just dropping in and wanted to just thank you for your hard work and you are my go to guy for crushed shells and flour. thanks for all you do and continue to help our community thrive!

 

[Twitch710]

Oops, @ESO

Oops, @ESO

what i get for skipping ahead, well man thanks for the codes and i hope you might be able to get going again when things level out a bit i hope

 

[dank.frank]

I just want to say I think you are over reacting a bit - I'm not so certain you have been singled out as much as this is what they do to EVERYONE that for whatever reason managed to find themselves on their radar.

Compliance is not hard if all they are discussing at this point is a labeling issue. Simple to print some new labels with the wording they want you to use...

If you use the NOP wording used to describe the products within the context of their usage, you can't go wrong.

But I agree with others in saying, it's not really a bear you want to poke.

Think of all the customers that have come to depend on you for information and supplies. At some point, it becomes bigger than yourself...when others begin to rely on you. It may not seem worth it to you to play ball at this current moment - but what about those you dedicated yourself to provide a service to?

And I don't mean any of this in an insulting tone - more so as encouragement...



dank.Frank

 

[Granger2]

Cap told me months ago in an email that he was starting the long process of getting his products labeled. ESO, this isn't your fight.

This is not about free speech because it is a commercial enterprise making claims. To protect the public from snake oil salesmen, there are standards for making product claims. You are calling your opinions truth. Anyone can do the same including Monsanto and its ilk. Relax and don't insult the guy. You may find that it can worked out. Good luck. -granger

 

[aridbud]

"Making peace is not the answer. Everyone else before has "made peace", and look where we are.

More people need to stand up to the Government."

Ok then....sounds like you are not (wanting) to see the total picture. There are solutions, compromises that knowing folk have spoken about in your predicament.

I wish you the best in your fight.

 

[h.h.]

For the people not saying the First amendment applies look up

Corporate Personhood

http://en.wikipedia.org/wiki/Corporate_personhood

The argument is there.

So the law is there to protect you, but not me. Corporate personhood is a bunch of crap. You're hiding behind the same government that you claim is persecuting you. Sounds like a pp.
Get over it.

 

[Weird]

my suggestion is under the assumption it is a known safe natural product

 

[Ickis]

This is exactly why Spider Mite 90 which killed 90 different kinds of mites had to change its name to SM-90 and become a soil conditioner.

 

[Babbabud]

I guess you have to weigh which is more important. Fighting the EPA or bringing the people good organic products. Choose your battles

 

[45th]

so he found that information searching the internet?

 

[BurnOne]

A pesticide is any substance that makes a claim to repel, kill, mitigate, control or destroy a pest.

How about my fucking shoe? I kill the hell out of ants, worms, bugs and insects with my shoes.

That is a pesticidal claim which makes that product a pesticide, which means it need to be registered as a pesticide with EPA.

So, register every pair of shoes in the USA as a pesticide with the EPA?

Even better, how about I shove my boot up that EPA bastards ass?
Damn! Ignorance and stupidity are rampant in government and big corporations.
We all stand with you ESO.
Burn1

 

[watts]

You are selling the business anyways, are you not?

 

[h.h.]

I'm sorry. I'm not willing to go back to the way it was. The 60's really did suck. We needed to get a handle on pesticides. Big corporations or the used car lot down the street. Both under government protection. They'll both screw ya given half a chance.
You are advertising pesticides. There has to be some sort of regulation. As a citizen, I can't tar and feather you if something goes wrong. My only recourse is limited through government. As such the responsibility falls upon government. I'm all for the 1860's. Back when they shot the snake oil salesman. Back before corporations had first amendment rights. We didn't need regulations then. Now we do. You want to tear down the little bit of protection we do have for what really amounts to little more than personal gain. That's exactly how the big corporations like to do it.
If you want to advertise your shoe for sale as a pesticide, just be prepared to back it up and show that it is safe. No toxic fumes or anything like that.