Document ZnYKvboR9nYo6YLXxR8NVyD17

ft E A ~ United States .._..,~ Environmental Protectior ,,. Agency Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 09/16/2024 Pesticides FIFRA Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Selected Brands, Inc. Selected Brands 29 Concord St., Suite A El Paso, TX 79906 29 Concord St., Suite A El Paso, TX 79906 El Paso (915) 888-0602 Ruben H.F. Ruiz I I Manager rubenhf@selectedbrandselp.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: n/a n/a n/a 424410 5141 Personnel participating in inspection: Justin Mullenix EPA-ECDST Gerardo Acosta EPA-ECAD Ruben H.F. Ruiz Selected Brands, Inc. Lead Inspector Subject Matter Expert Manager EPA Lead Inspector Signature/Date Mullenix, Justin Date: 2024.10.22 16:40:59 -05'00' Digitally signed by Mullenix, Justin Justin Mullenix Date Supervisor Signature/Date St key Troy UC , Digitally signed by Stuckey, Troy Date: 2024.10.29 09:50:20 -05'00' H. Troy Stuckey, PhD Date 6ENFORM-019-R8.2 (02/12/2020) 1 Section I - INTRODUCTION Selected Brands, Inc. / Selected Brands Inspection Date 09/16/2024 PURPOSE OF THE INSPECTION This for-cause scheme marketplace establishment inspection was conducted pursuant to the Federal, Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 9(a), 7 U.S.C. 136g(a), to evaluate compliance with FIFRA and the regulations thereunder. The inspection occurred for-cause for suspected distribution or sale of unregistered pesticides, including Clorox disinfectant bleach, various Fabuloso disinfectant cleaners, and Pinol disinfectant cleaner. FACILITY DESCRIPTION Selected Brands, Inc. is a company incorporated and operating a single facility in El Paso, Texas, that specializes in the wholesale distribution of imported grocery merchandise from Mexico. According to information obtained through sources available online, Selected Brands, Inc. appears to be a Category II sized business pursuant to the FIFRA Enforcement Response Policy (December 2009). Section II - OBSERVATIONS I, EPA Region 6 Inspector Justin Mullenix, along with FIFRA subject matter expert Gerardo Acosta, arrived at Selected Brands on September 16, 2024, at approximately 9:30 AM. Upon entering the facility, we met Ruben Ruiz, manager of Selected Brands. I explained to Mr. Ruiz the purpose of our visit and asked if we could discuss the matter further in his office. Mr. Ruiz led us to his office where I then presented my inspector credential and a Notice of Inspection (EPA Form 3540-2) which he and I signed (Appendix 1). I informed Mr. Ruiz of the for-cause nature of the inspection, citing suspected distribution or sale of unregistered antimicrobial pesticides such as imported Clorox, Fabuloso and Pinol disinfectant products linked to enforcement actions taken by EPA Region 7 and/or EPA Region 9. Mr. Ruiz denied that distribution or sale of products by Selected Brands occurs within the Region 7 states: Iowa, Kansas, Missouri, and Nebraska. He also stated that Selected Brands no longer distributes or sells the Pinol disinfectant product "Pinol El Original 1L" but confirmed that the company distributes or sells certain Clorox and Fabuloso disinfectant products. To further clarify which products are of concern to the EPA, I presented information obtained from the Selected Brands company website (URL: www.selectedbrandselp.com) indicating that imported, disinfectant varieties of Clorox, Fabuloso and Pinol products were presently being offered for sale by the company. Mr. Ruiz stated that the company website was not up to date concerning the Pinol disinfectant product but confirmed that it and the other products of concern have been distributed or sold by Selected Brands. Mr. Acosta and I then asked Mr. Ruiz about the importation of the products of concern. Mr. Ruiz stated that Selected Brands does not import the products of concern or perform any modifications to the product labels/labeling to avoid United States import or registration requirements for pesticides but was aware of the practice by 2 Selected Brands, Inc. / Selected Brands Inspection Date 09/16/2024 entities in Mexico or elsewhere. I requested that company records detailing the receipt and distribution or sale of the products of concern be provided to me. Mr. Ruiz agreed to provide these records, which he then compiled and sent to me via email. After concluding the opening meeting, I asked Mr. Ruiz if we could tour the facility to evaluate products for compliance with FIFRA. Mr. Ruiz agreed and led Mr. Acosta and I to the warehouse section of the facility where chemicals and other non-food items were being held for distribution or sale. Mr. Acosta and I confirmed the presence of the following unregistered disinfectant products: - Clorox Concentrado/Regular 3.8L - Clorox Limpiador Desinfectante "Pino" 930mL - Fabuloso Alternativa al Cloro "Fresca Primavera" 1L - Fabuloso Ultra Frescura Antibacterial y Antiviral "Energia Naranja" 1L - Fabuloso Ultra Frescura Antibacterial y Antiviral "Fresca Lavanda" 1L - Fabuloso Ultra Frescura Antibacterial y Antiviral "Mar Fresco" 1L Upon concluding the warehouse inspection, we returned to Mr. Ruiz's office. Mr. Acosta and I asked Mr. Ruiz some follow up questions regarding the products of interest and confirmed that all requested records had been sent to me via email. I then prepared a Receipt for Samples (EPA Form 3540-3) which Mr. Ruiz and I signed (Appendix 2). Mr. Ruiz was then provided a copy of the Notice of Inspection and Receipt for Samples, along with an EPA Small Business Resources information sheet and Confidential Business Information (CBI) information packet. The inspection concluded at approximately 10:50 AM. Section III - AREAS OF CONCERN An area of concern identified during the inspection includes the potential distribution or sale of unregistered antimicrobial pesticides as specified above. Section IV - FOLLOW UP On September 30, 2024, I emailed Mr. Ruiz to request clarification and additional records pertaining to Fabuloso Alternativa al Cloro "Fresca Primavera" 1L. Mr. Ruiz provided the requested records to me via email on October 1, 2024. Section V - LIST OF APPENDICES Appendix 1 - Notice of Inspection (EPA Form 3540-2) Appendix 2 - Receipt for Samples (EPA Form 3540-3) Appendix 3 - Photograph Log - 20 photographs taken on September 16, 2024 3 Selected Brands, Inc. / Selected Brands Inspection Date 09/16/2024 Appendix 1 Notice of Inspection oEPA United S1a1e1 Environmental Protect.ion Agency United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Notice of Inspection Office of Enforcement and Compliance Assurance Facility Name 5iledetl g(,.., A; Name of Facility Official Facility Address l q Lt:>1'\lur.l s 5vi1l- A CJ f1<f11 I TX 7110, Title {U~\l\eu\"2.. ~- By my signature, I represent that I am an - rator or agent in charge ofthe facility being inspected, and attest that the EPA, Designated S t a Pto;~ oSrubdjrvisEmployee or Officer identified on this form presented his or hercredentials prior to issuing this Notic nspectiol). I ,,~ Facility Official's Signature: - - / - Authority for Inspection For the purpose of inspecting and obtaining samples of any pesticides or devices packaged, labeled and released for shipment, and samples of any containers or labeling for such pesticides ordevices, in places where pesticides or devices are held for distribution or sale [FIFRA 9(a) (7 U.S.C. 136g)); and for the purpose of inspecting and obtaining copies of those records specified in FIFRA 8 (7 U.S.C. 136f) and 40 C.F.R. Part 169. Reasons for Inspections (Check applicable boxes) Routine Inspection 00 For Cause Inspection Additional Information: Violation Suspected: vi~~r:b"{ivl"\ /Su.It,, ,-t ~"1 (~l-s'-te(etf re1~;(,jJt, . -fi",I _, L)or-ox - l=...~1,4\0o Name of Inspector J LCS~ ; n M"' \) ,,,,'x Signature of Inspector r 2 . t ; ~ Title L:it S"~t('.\. r+ Address EPA Region 6, 120I Ehn St, Dallas, TX 75270 Date q/}b/21>c Time lJ, 3, A }1 Note: TI1e absence of a FacilityOfficial's signature on this fonn does not invalidate this Notice ofInspection, Of establish that consent to the inspection was not provided or that theproper proce<lures were not followed. EPA Form 354-0-2 (Rev. 07/Cf:J) Previous editions may be used until supply is exhau.sted I-InspectorCopy 2-Facility Copy Selected Brands, Inc. / Selected Brands Inspection Date 09/16/2024 Appendix 2 Receipt for Samples oEPA United States Environmental Protoct.ion Agoncv United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Receipt for Samples Office of Enforcement and Compliance Assurance Facility Name ~ )ecttJ ~r"" ii Name of Facility Official Facility Address 1? l~r1,Pr) j-f. )'-";~e A C) Pu! 1 I)( 791 (), /.." b(.,, ,R_.,,; t. Samples Collected (Assign sample number and describe fully (e.g., product name, size, quantity, registration, establishment, lot, batch, model and/or serial numbers, etc.)) The following samples were collected by or on behalf of the U.S. Environmental Protection Agency and receipt is hereby acknowledged pursuant to Section 9(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136g). oq )bloz'A_- o9,7;ti73)l\500Plo27?\~ -01-01: 20 Pkc+11Jrll(eh1 Oilb2u24 -OS7fo7J1L\11JtJO)P2.?7\3,ol-o2: 7 rrt>,I..Ut+ ;t1.vP:c,e. li5i! /) ___ ---- / ,_ Duplicate samples D requested and provided Acknowledgement of pesticides or devices th Facility Official Signature uplicate samples A t 'd moun paI not requested D Cash D Credit Card ~ No Charge o ected: ed, la undersigned acknowledges that the samples shown above were obtained from and released for shipment. Name of Inspector Ju.5f;,,.. ;\'1 \-CI )e,,..,; K' Signature ofInspector Date qJIbJi~ EPA Form 3540-3 (Rev.07/09) Previous editions may be used until supply is exhausted Hnspector Copy 2-FacilityCopy Selected Brands, Inc. / Selected Brands Inspection Date 09/16/2024 Appendix 3 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 1 County/Parish: El Paso State: Texas Photo File Name: IMG_0055.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Selected Brands facility front (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 2 County/Parish: El Paso State: Texas Photo File Name: IMG_0057.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Mar Fresco" 1L (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 3 County/Parish: El Paso State: Texas Photo File Name: IMG_0058.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Mar Fresco" 1L (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 4 County/Parish: El Paso State: Texas Photo File Name: IMG_0059.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Mar Fresco" 1L (3) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 5 County/Parish: El Paso State: Texas Photo File Name: IMG_0060.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Alternativa al Cloro "Fresca Primavera" 1L (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 6 I County/Parish: El Paso IState: Texas Photo File Name: IMG_0061.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Alternativa al Cloro "Fresca Primavera" 1L (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 7 County/Parish: El Paso State: Texas Photo File Name: IMG_0062.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Energia Naranja" 1L (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 8 I County/Parish: El Paso IState: Texas Photo File Name: IMG_0063.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Energia Naranja" 1L (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 9 I County/Parish: El Paso IState: Texas Photo File Name: IMG_0064.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Fresca Lavanda" 1L (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 10 I County/Parish: El Paso IState: Texas Photo File Name: IMG_0065.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Fresca Lavanda" 1L (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 11 County/Parish: El Paso State: Texas Photo File Name: IMG_0066.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso Ultra Frescura Antibacterial y Antiviral "Fresca Lavanda" 1L (3) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 12 I County/Parish: El Paso IState: Texas Photo File Name: IMG_0067.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Clorox Limpiador Desinfectante "Pino" 930mL (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 13 County/Parish: El Paso State: Texas Photo File Name: IMG_0068.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Clorox Limpiador Desinfectante "Pino" 930mL (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 14 County/Parish: El Paso State: Texas Photo File Name: IMG_0069.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Clorox Limpiador Desinfectante "Pino" 930mL (3) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 15 County/Parish: El Paso State: Texas Photo File Name: IMG_0070.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso and Clorox product boxes (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 16 County/Parish: El Paso State: Texas Photo File Name: IMG_0071.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Fabuloso and Clorox product boxes (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 17 I County/Parish: El Paso IState: Texas Photo File Name: IMG_0072.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Clorox product boxes (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 18 County/Parish: El Paso State: Texas Photo File Name: IMG_0073.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Clorox product boxes (2) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 19 County/Parish: El Paso State: Texas Photo File Name: IMG_0074.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Hand sanitizer product boxes (1) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Selected Brands, Inc. City: El Paso Photo No. 20 County/Parish: El Paso State: Texas Photo File Name: IMG_0075.JPG Date of Photo: 09/16/2024 Photographer: Gerardo Acosta Description: Hand sanitizer product boxes (2)