Document Xz6rk8OzJqz8nrKn2KwQd0j5J

AEPAU-Stita 0 ~,,.,....,,, Region 6 Enforcement and Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) 08/06/2019 FIFRA Section 12 Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: GSM, LLC 5250 Frye Road Irving, TX 75061 Dallas County Edward Castro ecastro@gsmorg.com I President & CE- O FRS Number: N/A Identification/Permit Number: N/A Media Number: NAICS: SIC: Personnel participating in inspection: Edward Castro Gerardo Acosta Chuck Ruple EPA Lead Inspector Signature/Date GSM, LLC President & CEO EPA Region 6- Pesticide Enforcement EPA Region 6 - Pesticide Enforcement Environmental Scientist I Inspector Environmental Protection Specialist I Inspector /~/ Gerardo Acosta (469) 586-0423 (214) 665-8042 (214) 665-6534 August 21, 2019 Date Supervisor Signature/Date ' ~~/ H. Troy Stl{ikey, Ph.D. i,zr-17 Date 6ENFORM-019-R7 (2/15/2017) 1 Section I - INTRODUCTION GSM, LLC Inspection Date: 08/06/2019 PURPOSE OF THE INSPECTION Representing EPA Region 6, Chuck Ruple and I arrived at the Good Sportsman Marketing (GSM), LLC at 10:30 AM on August 6, 2019, to conduct a for-cause inspection. Upon arrival, we met with Mr. Edward Castro, President and CEO. I presented my credentials to Mr. Castro, along with a Notice of Inspection. The Notice of Inspection indicated that the reason for the inspection was to investigate sales and distribut ion of alleged unregistered pesticide(s). I also indicated that within the scope of the inspection was to evaluate their inventory of pesticide products (i.e., pesticides and devices to repel, mitigate and/or kill pests) and relevant labels, as required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FACILITY DESCRIPTION GSM is an outdoor gear and equipment marketplace owning the following name brands: Stealth Cam, Walker's Ga me Ear, Muddy, Hawk Hunting, Big game, New Archery Products (NAP), Hunting Made Easy (HME), Shoot ing Made Easy (SME), Bullseye Cams, Cyclops, Boss Buck, American Hunter, Western Rivers, Viking Solutions, Coyote Light, Crossfire, Scent Slammer, and other GSM Safety Products (see business card attached). They have been operating since 1999, and moved to the current location at 5250 Frye, Irving, Texas, around April 2019. They also have a warehouse facility down the street, located at 3385 Roy Orr, Grand Prai rie, Texas (see site map). They sell and distribute different kinds of equipment, gear, and products used for outdoor activities like hunting and sports (see products listed above). The products within t he scope of this inspection are under the Scent Slammer brand. Section II -OBSERVATIONS During the meeting with Mr. Castro, I inquired about the product(s) sold under the brand "Scent Slammer." An inspector from the Oklahoma Department of Agriculture, Food and Forestry (ODAFF), found an Ozone Air Cleaner under this brand during a marketplace inspection. Mr. Castro stated that this product w as not made with the intent to kill bacteria and that its labeling was revised to remove the antimicrobial claims. Mr. Castro also stated that GSM's antimicrobial claims were similar to other products found throughout the industry. I observed and documented that other products from GSM also had labe ls with antimicrobial claims (see photos attached). The faci lity applied for an establ ishment registration with EPA Headquarters. Mr. Castro provided copies of documents that they received showing their establishment registration and the numbers (see establishment registration documents). Mr. Ruple provided compliance assistance information rega rding establishment registration and when to report to EPA for either pesticides or devices produced at the facility. 2 GSM, LLC Inspection Date: 08/06/2019 Section Ill - AREAS OF CONCERN During the inspection I observed that some of the products still had antimicrobial claims on the label and/or package. Mr. Castro stated that they did not have the intent for those products to treat for bacteria but to clean particles in the air that cause bad odors. He also stated that new labels should have been printed and affixed to all products as intended to clean the air. During the inspection, Mr. Castro also removed all antimicrobial claims from product labels sold on the internet. As previously labeled, these products fit the definition of a pesticide that requires registration under the FIFRA. The inspection was concluded at approximately 12:35 PM and I exited the facility. Section IV - FOLLOW UP I explained to Mr. Castro that an inspection report and enforcement response may follow the inspection and to let me know if any information would be claimed confidential. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 7 photos taken Appendix 2 - Notice of Inspection Appendix 3 - Map & Business Card Append ix 4 - Establishment Registration Documents 3 GSM Outdoors Inspection Date {08/06/2019} Appendix 1 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 1 County/Parish: Dallas State: Texas Photo File Name: DSC_0002.JPG Date of Photo: 08/06/2019 Time of Photo: 11:09 AM Photographer: Chuck Ruple Description: back label of product made at this facility UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 2 County/Parish: Dallas State: Texas Photo File Name: DSC_0003.JPG Date of Photo: 08/06/2019 Time of Photo: 11:09 AM Photographer: Chuck Ruple Description: front label of product in photo #1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 3 County/Parish: Dallas State: Texas Photo File Name: DSC_0005.JPG Date of Photo: 08/06/2019 Time of Photo: 11:10 AM Photographer: Chuck Ruple Description: label of another product made at this facility UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 4 County/Parish: Dallas State: Texas Photo File Name: DSC_0006.JPG Date of Photo: 08/06/2019 Time of Photo: 11:11 AM Photographer: Chuck Ruple Description: front label of another product made at this facility UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 5 County/Parish: Dallas State: Texas Photo File Name: DSC_0007.JPG Date of Photo: 08/06/2019 Time of Photo: 11:11 AM Photographer: Chuck Ruple Description: back label of product in photo #4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 6 County/Parish: Dallas State: Texas Photo File Name: DSC_0008.JPG Date of Photo: 08/06/2019 Time of Photo: 11:11 AM Photographer: Chuck Ruple Description: side label of product in photos #4 & 5 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: GSM Outdoors City: Irving Photo No. 7 County/Parish: Dallas State: Texas Photo File Name: DSC_0010.JPG Date of Photo: 08/06/2019 Time of Photo: 11:14 AM Photographer: Chuck Ruple Description: labels of products made at this facility GSM, LLC Inspection Date: 08/06/2019 Appendix 2 Notice Of Inspection GSM, LLC Inspection Date: 08/06/2019 Appendix D & Business Card 10/29/2018 Dallas, TX to gsm location grand prairie tx Drive 18.0 miles, 2 min Map data 2018 Google 1 mi GSM, LLC Inspection Date: 08/06/2019 Appendix ZZZ