Document rVVymZwLrpnyY76q1J6Q4aLr

f t E A ~ United States ._.,,.., Environmental Protectior , Agency Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 01/12/2026 Pesticides FIFRA 12(a)(1) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: FCS Distribution, LLC FCS Distribution, LLC 4300 Pine Timbers St., Suite 116 Houston, TX 77041 4300 Pine Timbers St., Suite 116 Houston, TX 77041 Harris (713)485-6074 Abelardo Matamoros I I Manager amatamoros@fcsdistribution.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: N/A N/A R06-2026-1018 424410 5141 Personnel participating in inspection: Abelardo Matamoros FCS Distribution Anna Matamoros FCS Distribution Lee McMillan EPA Region 6 - Pesticides Enforcement (6ECDST) Manager Administration Lead Inspector EPA Lead Inspector Signature/Date Supervisor Signature/Date ~JJ(t~ Lee V. McMillan /~/ Gerardo Acosta Digitally signed by LEE MCMILLAN Date: 2026.03.2( 10:49:54 -05'00' Date Digitally signed by <,ERARDO ACOSTA Date: 2026.03.23 0 :46:06 -05'00' Date 6ENFORM-019-8 (10/31/2019) 1 Section I - INTRODUCTION FCS Distribution, LLC Inspection Date 1/12/2026 PURPOSE OF THE INSPECTION I, EPA Region 6 inspector Lee McMillan began a routine neutral scheme investigation. I arrived at the FCS Distribution, LLC (FCS) at 11:25 AM on January 12, 2026, for an unannounced inspection. I presented my credentials to Mr. Abelardo Matamoros and informed him that I was there to conduct an EPA inspection to determine compliance with the Federal Insecticide Fungicide Rodenticide Act (FIFRA). The scope of the inspection would be to review documents and any pesticide products for evaluation of the compliance with FIFRA (40 CFR Subpart 169.3 - Inspections). FACILITY DESCRIPTION FCS Distribution, LLC is based in Houston, Texas. FCS is a supermarket/grocery store wholesaler, primarily engaged in direct-to-store sales of all sorts of grocery items such as canned foods, dry goods, disposables, snacks, and detergents. The company began in 2015. The company has 7 employees and has annual revenue of approximately $3 million. Section II - OBSERVATIONS On January 12, 2026, I met with Mr. Abelardo Matamoros and discussed the company's business. At approximately 11:20 AM, I toured and inspected the FCS facility. During the investigation I viewed the FCS Warehouse area. Mr. Matamoros informed me that the business also has a warehouse in Dallas, TX that houses more snacks for distribution. Multiple photos were taken during the inspection of the Warehouse (Appendix 1: Photograph Log). While inspecting the warehouse I observed several pallets of Fabuloso available for sale. I documented boxes and individual containers of Fabuloso with Spanish labeling that did not appear to comply with FIFRA regulations. I documented the following: (44) 12-pack boxes of Fabuloso Ultra Frescura Antibacterial Y Antiviral Fresco Amanecer scent in 1L containers; (27) 12-pack boxes Fabuloso Ultra Frescura Antibacterial Y Antiviral Mar Fresco scent in 1L containers; (10) Fabuloso Ultra Frescura Antibacterial Y Antiviral Fresca Lavanda scent in 1L containers, (27) 12-pack boxes of Fabuloso Alternativa al Cloro Fresca Primavera scent in 1L containers, (60) 12-pack boxes of Fabuloso Ultra Frescura Antibacterial Y Antiviral Fresca Brisa Primaveral scent in 1L containers, and (20) 2-pack boxes Fabuloso Ultra Frescura Antibacterial Y Antiviral Fresca Lavanda scent in 10L containers. The claims made on the labeling included, but were not limited to the following: "Neutralizes Bad Odors, Viruses and Bacteria", "Neutralizes bad odors, cleans effectively, eliminates viruses and bacteria and leaves a long-lasting fragrance", and "Eliminates 99.9% of P. aeruginosa, E. coli, S. aureus and S typhimurium, and of Influenza A H1N1, Human Coronavirus OC43, Sars- CoV-2 viruses". Photos were taken of the various products. I concluded the tour of the facility warehouse at 12:08 PM. 2 6ENFORM-019-8 (10/31/2019) Section III - AREAS OF CONCERN FCS Distribution, LLC Inspection Date 1/12/2026 I conducted a closing conference with Mr. Matamoros at 12:10 PM on January 12, 2026. I made Mr. Matomoros aware of the Fabuloso products that appeared to be out of compliance with FIFRA. I provided compliance assistance and educated Mr. Matamoros on what to look for with products going forward. I also requested additional documentation supporting the shipments of the warehouse Fabuloso products. I concluded the inspection and exited the facility at 12:30 PM. Section IV - FOLLOW UP At the time of the inspection on January 12, 2026, the following documents were requested: 1) Purchase Records or Invoices from Suppliers/Vendors of all the Fabuloso products for the past 3 years, 2) Vendor and Sales Marketing Materials, and 3) Sales and Distribution Records/Reports for FCS for the past 3 years. A follow-up email was sent via the GoAnywhere secure document transfer system on January 13, 2026; however, no response was received. No additional documentation has been received to date. Additional follow-up will be required. Section V - LIST OF APPENDICES Appendix 1 - Photograph Log (22 photos taken) Appendix 2 - Notice of Inspection Appendix 3 - Receipt for Samples 3 6ENFORM-019-8 (10/31/2019) FCS Distribution, LLC Inspection Date: 01/12/2026 APPENDIX 1 PHOTOGRAPH LOG U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 1 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0001.jpg Date of Photo: 1/12/2026 Time of Photo: 11:23 AM Photographer: Lee McMillan Description: FCS Distribution, LLC Business front. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 2 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0003.jpg Date of Photo: 01/12/2026 Time of Photo: 11:25 AM Photographer: Lee McMillan Description: FCS Distribution, LLC Main Entrance door. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 3 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0004.jpg Date of Photo: 01/12/2026 Time of Photo: 11:40 AM Photographer: Lee McMillan Description: Warehouse shipping and receiving area U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 4 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0005.jpg Date of Photo: 01/12/2026 Time of Photo: 11:43 AM Photographer: Lee McMillan Description: Overview of pallets in warehouse containing boxes of Fabuloso products. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 5 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0006.jpg Date of Photo: 01/12/2026 Time of Photo: 11:43 AM Photographer: Lee McMillan Description: Pallets in warehouse containing 12-pack boxes of Fabuloso Ultra Frescura Antibacterial Y Antiviral Mar Fresco (1L) with product on top. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 6 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0007.jpg Date of Photo: 01/12/2026 Time of Photo: 11:43 AM Photographer: Lee McMillan Description: Front label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Mar Fresco (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 7 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0008.jpg Date of Photo: 01/12/2026 Time of Photo: 11:44 AM Photographer: Lee McMillan Description: Back label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Mar Fresco (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 8 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0009.jpg Date of Photo: 01/12/2026 Time of Photo: 11:50 AM Photographer: Lee McMillan Description: Pallet in the warehouse area 12-pack boxes of Fabuloso Alternative al Cloro - Fresca Primavera (1L) with product on top. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 9 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0010.jpg Date of Photo: 01/12/2026 Time of Photo: 11:51 AM Photographer: Lee McMillan Description: Front label of Fabuloso Alternative al Cloro - Fresca Primavera (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 10 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0011.jpg Date of Photo: 01/12/2026 Time of Photo: 11:51 AM Photographer: Lee McMillan Description: Back label of Fabuloso Alternative al Cloro - Fresca Primavera (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 11 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0012.jpg Date of Photo: 01/12/2026 Time of Photo: 11:52 AM Photographer: Lee McMillan Description: A pallet of 12-pack boxes of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresco Amanecer (1L) with product on top. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 12 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0013.jpg Date of Photo: 01/12/2026 Time of Photo: 11:53 AM Photographer: Lee McMillan Description: Front label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresco Amanecer (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 13 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0014.jpg Date of Photo: 01/12/2026 Time of Photo: 11:53 AM Photographer: Lee McMillan Description: Back label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresco Amanecer (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 14 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0015.jpg Date of Photo: 01/12/2026 Time of Photo: 11:53 AM Photographer: Lee McMillan Description: Overview of (10) individual bottles of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresca Lavanda (1L) on pallet in a ripped box with product bottle in front. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 15 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0016.jpg Date of Photo: 01/12/2026 Time of Photo: 11:54 AM Photographer: Lee McMillan Description: (10) individual bottles of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresca Lavanda (1L) on pallet in a ripped box with product bottle in front. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 16 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0017.jpg Date of Photo: 01/12/2026 Time of Photo: 11:54 AM Photographer: Lee McMillan Description: Front label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresca Lavanda (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 17 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0018.jpg Date of Photo: 01/12/2026 Time of Photo: 11:54 AM Photographer: Lee McMillan Description: Back label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresca Lavanda (1L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 18 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0019.jpg Date of Photo: 01/12/2026 Time of Photo: 12:00 PM Photographer: Lee McMillan Description: Overview of Fabuloso product area: Fabuloso Energia Naranja currently unavailable. U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 19 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0020.jpg Date of Photo: 01/12/2026 Time of Photo: 12:00 PM Photographer: Lee McMillan Description: Pallet in the warehouse area 12-pack boxes of Fabuloso Ultra Frescura Antibacterial Y Antiviral Fresca - Brisa Primaveral (1L) U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 20 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0021.jpg Date of Photo: 01/12/2026 Time of Photo: 12:02 PM Photographer: Lee McMillan Description: 2-pack boxes of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresca Lavanda (10L) bottles U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 21 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston County/Parish: Harris State: Texas Photo File Name: DSC_0022.jpg Date of Photo: 01/12/2026 Time of Photo: 12:04 PM AM Photographer: Lee McMillan Description: Back label of Fabuloso Ultra Frescura Antibacterial Y Antiviral - Fresca Lavanda (10L). U.S. Environmental Protection Agency Region 6 Photograph Log Photo No. 22 Location: FCS Distribution/ 4300 Pine Timbers St Suite 116, Houston, TX 77041 City: Houston I County/Parish: Harris IState: Texas Photo File Name: DSC_0023.jpg Date of Photo: 01/12/2026 Time of Photo: 12:06 PM Photographer: Lee McMillan Description: Additional pallets of 12-pack boxes of Fabuloso. APPENDIX 2 NOTICE OF INSPECTION &EPA United States Environmental Protection Agency United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Notice of Inspection Office of Enforcement and Compliance Assurance Facility Name Facility Address FCS Distribution LLC 4300 Pine Timbers St Suite 116, Houston, TX 77041 Name of Facility Official Abll-~rlo _a. Ia r11t)ro s Title ,. "-"J'e/ By my signature, I represent that I am an owner, operator or agent in charge of the facility being inspected, and attest that the EPA, Designated State or Political Subdivision Employee or Officer identified on this form presented his or her credentials prior to issuing this Notice of lnspectir c.,.- - 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 or devices, in places where pesticides or devices are held for distribution or sale [FIFRA 9(a) (7 U.S.C. 136g)J; 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) [R] Routine Inspection For Cause Inspection Violation N/A Suspected: Additional Information: . . Name of Inspector LeeMc~Uan f-~/11~ ' Signature of Inspector Title Sr. Insp~ tbr - (/ Address EPA Region 6, 120 LElm Street, Dallas, TX 75270-2162 Date t11~1~ Time !( ~<ht A:J.1 Note: The absence of a Facility Official's signature on this form does not invalidate this Notice of Inspection, or establish that consent to the inspection was not provided or that t he proper procedures were not followed. EPA Form 3540-2 (Rev. 07/09) Previous editions may be used until supply is exhausted 1-lnspector Copy 2-Facility Copy APPENDIX 3 RECEIPT FOR SAMPLES &EPA United States Environmental Protection Ag ency United States ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Receipt for Samples Office of Enforcement and Compliance Assurance Facility Name fZ!~ ue}nbu hor;I t_L(I_ Name of Facility Official /rbe_/arolv Ma to ~l> foS 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). D Duplicate samples D Duplicate samples A .d mountpaI requested and provided not requested D Cash D Credit Card ~ o Charge Acknowledgement of Samples Collected: The undersigned acknowledges that the samples shown above were obtained from pesticides or devices that were package~ la and released for shipment. Facility Official Signature Name of Inspector Signature of Inspector Title Sr. Inspector Address EPA Regi on 6, 1201 Elm St., Ste. 500, Dallas, TX 75270 EPA Form 3540-3 (Rev. 07/ 09) Previous editions may be used until supply is exhausted 1-lnspector Copy 2-Facility Copy -- -~---------- --- --- -- - -