Yesterday we received 100’s of notifications that items are restricted in different states due to not being EPA registered in those different states.
99% of them are totally inaccurate as they are registered properly but because Amazon relies soley on AI now 100’s got erroneously flagged.
This is where the fun starts, so now we have to look up each ASIN within each individual state database and submit an individual case for each one.
Our first experience:
-Open case, ASIN XYZ… is registered with the EPA in the state of New York (attached please find a screen shot and here is the link to the page…)
-Amazon reply : we are unable to accept your appeal because this item is restricted in the state of Alaska
Our 2nd attempt : we are appealing the New York state ruling and never mentioned Alaska but since we are on the topic, here is the registration info for Alaska (same screen shot and link)
-Amazon 2nd reply comes 2 seconds later : Our internal has reviewed the ASIN and determined it will not be re-stated
Our 3rd attempt : (albeit a little snarky) it is clear that no one even read our previous message because if they did, they would see the clearly this item is registered in both New York and Alaska (proof attached)
Amazon 3rd reply : we have receieved your appeal but we are unable to accept it because this ASIN is currently not registered with the EPA in the state of Idaho
Our 4th reply : please escalate this case because we are in an endless loop, the ASIN is indeed registered in New York, Alaska and now Idaho (see attached)
It still just amazes us how poorly ran such a large company is. They are very good at presenting problems and then making them impossible with any clear logic to solve.
Anyone else banging their head against the wall with this?
I would appear to me obvious that Amazon has been running scared of yet another hefty fine on this front ever since the 2018 EPA Master Agreement, in regards to it having blatantly violated FIFRA requirements by allowing non-domestic 1P/3P Sellers carte blanche to sell in the US Marketplace, which produced the original Pesticide Training Course over in Seller University and on the ThinkingCap site alike - and subsequent legislation passed in this and that State House seem to have prompted Amazon’s OGC (“Office of the General Counsel”)* to recently demand yet another tweaking the FIFRA-policing Amabot(s).
IIRC, our well-missed friend @SawleMill - arguably one of the best-informed members of the Amazon seller Community in regards to FIFRA requirements in my book - predicted more than a few years back that this would happen.
*
i.e., the ultimatedecider in the Amazon Legal Department, @ least in most cases of which I’m aware…
The Amazon modus operandi is clear, react to a potential legal liability by the simplest and cheapest solution. Blanket prohibitions and no meaningful means of appeal.
Surely I am wary of Amazon position because of its wealth and ability to fix, BUT, a few things to consider.
The EPA penalities may be sustantial
If I order on Amazon from Cali, but ship to Florida, which state is the issue? Surely Florida, but maybe some state laws are not specific, hence every order need to take into account both?
As well, if banned in a state - can Amazon store it in that state? This would then complicate warehousing, and in sending FBA to those warehouses, as that would have to be dealt with more software to determine the correct placement.
As to FBM, many sellers warehouse and ships from other states, other than what is on record. Does Amazon have liability here as well?
another - (though this might be pushing the envelope here). What about transporting “illegal” pesticies across state lines?
The simpler it is, the better the chance of legal jeopardy. Amazon has always acted to protect Amazon. In spite of that the FTC is inventing new crimes and so are other government agencies.
What maybe foolishly amazes me more is that after years and years and millions of dollars in paid commission, that our original fear from day 1 selling on Amazon holds true:
At anytime Amazon can and will just drop a “nuclear bomb” out of nowhere and then treat us like total ■■■■, while trying to fix “their error.”
I know the old “dont put all your eggs in one basket…” but they are the 800 lb gorilla and we are forced to take it… I just thought 8 years later it would be different, foolishly.
The Junk Drawer
of 
