What new level of craziness is this (WA Pesticides)

[SawleMill]

I received a random email messages today stating that my product is not meeting the requirement for reinstatement… Keep in mind it’s still offered and selling on Amazon as I type. With the following information that is news to me…

This product has been identified as a Restricted Use an/or Commercial Use Pesticide Product by the State of Washington. Restricted Use and/or Commercial Use Pesticide Products are not permitted for sale on Amazon.com.
If you believe this decision was made in error please review the below checklist before submitting an appeal:
• The product packaging is clearly labelled “For Home Use” or “For Garden Use”;
• All labels, including the ingredient list, are clearly visible and images are uploaded to the Image Tool;
• All claims made on the product detail page and images comply with the terms of the product’s market authorization;
• Proof of status change from Restricted Use and/or Commercial Use to Home and Garden Use from the Washington State Department of Agriculture or PICOL Database is included in the appeal.

For more information, review our Seller Help Page: أمازون

Keep in mind that my product is a General Use Pesticide not Restricted Use. And that Washington State’s Home and Garden Use only status passed in 1999 is legally questionable, and even Washington sort of ignores it, since the Home and Garden Use only would imply or convey to the public that the pesticide product might be ‘safer’ than another. And Commercial or Industrial use/strength claims are also prohibited claims as they might possibly be construed as implying that a product was superior or stronger than…

Furthermore, PICOL TOS specifically precludes it’s usage in this manner.

Beyond that when I visit the link in the missive Pest control products and pesticides the only mention of Washington is:

Washington State disposable wipes

Beginning July 1, 2023, Washington State will begin prohibiting the sale of all premoistened wipes marketed as disposable without the “Do Not Flush” symbol on the display panel of the packaging. This prohibition includes FIFRA regulated sanitizing, sterilizing, and disinfecting premoistened household and multi-purpose wipes that are marketed as or intended to be disposable. Wipes that do not have the “Do Not Flush” symbol on the display panel of the packaging will not be available for sale into the state of Washington.

Note that this prohibition does not affect wipes marketed as or intended to be disposable that are labeled “flushable”, “sewer safe”, “septic safe”, or otherwise indicating that the product can be disposed of in a toilet.

Visit the Washington State Legislature Disposable Wipes Products–Labeling Standards page for additional information.

I guess that I will reach out to Washington’s Dept of Agriculture after the wake up, in a few hours…

Just a heads up that there maybe a whole new level of crazy coming to Amazon’s pesticide policy and I’m not sure I can or want to bother with dealing with it…

[Tallytony]

About 6 months ago eBay had me take down all my chlorinated products. I took my chlorinated products down from eBay because it was not worth compromising the others, but there are tens/hundreds of offers of equivalent chlorinated products still active in eBay.

The blanket laws are sometimes applied, just not understood. I’d imagine that I was reported by a competitor, so it was just not worth compromising the rest of the account.

[SawleMill]

Update:

Got an email today…

Dear Seller,
We are writing to inform you that the following products are restricted from sale in certain locations, although they are permissible for listing on Amazon. Please see policy specific information below. You don’t need to take any action unless otherwise stated. In addition to all applicable federal laws and Amazon policies, you must also comply with state and local laws applicable to the locations into which your products are sold.
ASIN: XXXXXXX, SKU: XXXXXXXX, Title: XXXXXXXXXXXXXXXXXXXX
Why is this happening?
This product has been identified as a pesticide product that is not permitted to be sold into Washington state because of Washington state law.
What actions do I need to take?

• Please see specific policy information above for any relevant actions or information that may be required to bring product into compliance.
  How can I appeal for removal of geographic sales restriction?
• If you believe the product listed above should not be subject to geographic sales restriction, or you have completed the action required in this message, please e-mail us at [email protected] with ASIN, relevant marketplace, and any supporting information or documentation.
  We’re here to help:
  If you have questions about our restricted products policy, please review: https://sellercentral.amazon.com/gp/help/external/200164330

Again with not helpful links, and it was I thought resolved. I guess I shall email Amazon special teams, and call Washington’s Department of Ag.

Is anybody else getting this sort of stupid WA pesticide harassment? Or am I just getting lucky?

[SawleMill]

Update, overnight Amazon has denied my initial appeal (in less than 12 hours, thanks Sahish R.) with the following email;

Hello,

We received your submission and after careful review we have determined that your ASINs do not meet the criteria for reinstatement.

Why did this happen?
Your listings do not meet our standards. Refer to the following details:

ASIN: {redacted}
Title: {redacted}

This product has been identified as a pesticide product that is not permitted to be sold into Washington state because of Washington state law.

You can access the previous communication sent to you in regards to this matter via the “Performance notifications” page in the “Performance” section of Seller Central:
https://sellercentral.amazon.com/gp/customer-experience/perf-notifications.html

We’re here to help
For information on our policies, you can go to the following pages:
– “Restricted products”:
https://sellercentral.amazon.com/gp/help/200164330?referral=A37PDKHH2IKX5Q_AGHJSUJI0XQ7U
– “Listing restrictions”:
https://sellercentral.amazon.com/help/hub/reference/200832300
– “Restricted Products FAQ”:
https://sellercentral.amazon.com/help/hub/reference/CYAVS22E6CQKV2B

Amazon Services

To help us continually improve, we ask that you take a moment to complete our survey below to tell us about your experience with this specific interaction.

Were you satisfied with the support provided?

[Yes] [No]

Thank you for selling with Amazon,

Sahish R.
Amazon.com

MORE WAYS TO GET HELP:
Visit our Seller Forums for help from other sellers: أمازون
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To contact us again about this issue, please use the Contact Us form in Seller Central using the following link:

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Please note: this e-mail was sent from a notification-only address that cannot accept incoming e-mail. Please do not reply to this message.

Following the links brings us back to the Pest control products and pesticides policy page, which only mentions Washington State as follows:

Washington State disposable wipes

Beginning July 1, 2023, Washington State will begin prohibiting the sale of all premoistened wipes marketed as disposable without the “Do Not Flush” symbol on the display panel of the packaging. This prohibition includes FIFRA regulated sanitizing, sterilizing, and disinfecting premoistened household and multi-purpose wipes that are marketed as or intended to be disposable. Wipes that do not have the “Do Not Flush” symbol on the display panel of the packaging will not be available for sale into the state of Washington.

Note that this prohibition does not affect wipes marketed as or intended to be disposable that are labeled “flushable”, “sewer safe”, “septic safe”, or otherwise indicating that the product can be disposed of in a toilet.

Visit the Washington State Legislature Disposable Wipes Products–Labeling Standards page for additional information.

Last updated 31/12/2022

Which first and foremost has nothing to do with pesticides, and does not describe my liquid product.

!

[lake]

I think @Tallytony has taken the most cost effective path to dealing with regulatory issues.

I have little doubt you are correct, and have little doubt you will need to expend a large amount of effort to resolving this issue, and should you succeed, it will only be temporary.

I keep saying Amazon is too big to manage, and believe there are a growing number of sellers who recognize that.

If your product is alive, and not shipable to Washington, that might be the best outcome you can count on.

It isn’t right. It isn’t fair. It is commonplace for the Amazon enforcement procedures to be based on other than reality.

The world of the Internet is heavily built on unreality, just like the financial services industry and the stock market.

[Dogtamer]

@lake

…
The world of the Internet is heavily built on unreality, just like the financial services industry and the stock market.

Boy, Howdy - I am so gonna ‘steal’ that pithy observation!

[ShelfCleaningCapital]

Write the Executive team and share the contradictory responses.

A good goal is to not have it go to WA.

(Moderator Edit- Political commentary/opinion removed.)

[lake]

You need not steal it. I welcome your adding it to a store of words which are good company.

[SawleMill]

(Moderator Edit - Political commentary/opinion removed.)

[papy]

@SawleMill just to clarify: has your product actually been identified as a pesticide by WA? Or is this Bots gone wild?

If yes, WA has preliminarily (and wrongly) identified your product as a pesticide, can you perhaps appeal that determination with them, first?

Also, what % are your sales to WA, on Amazon?

[VTR]

It is a shame Amazon will not treat products like this the way they do lead, where they simply block access to the delivery page for those states.

[SawleMill]

It is a pesticide that is Registered in the State of Washington, and in WA/OR’s PICOL database. Washington Department of Agriculture doesn’t know what is going on. Amazon just keeps responding with links to ?? nothing.

Washington sales of this on Amazon are currently zero, but historically had been maybe 1 or 2% of total Amazon sales which with 50 States is nearly a statistical median.

@VTR, I believe that is what is shown.

[VTR]

So who is wrong here? The label details clearly state “home” not any of the other commercial, professional, industrial usages. Makes me think the coder who made the bot to scrub this stuff and point the morons at seller support toward an answer/checklist is the core issue, not any law.

Stupid Amazon and their lack of product specialists. Is there an expiration being the last mod was 2015?

[papy]

Hmmm, could it have anything to do with “WA Reg(istration?) Year” being 2024? Future, not current?

[VTR]

Amazon probably sent a message to Washington State demanding a “plan of action”.

[SawleMill]

WA Registrations are biannual that indicates the registration is valid through 2024.

[VTR]

Ya no kidding, morons! Thanks for finally reading the MSDS and looking at the product before letting your bot run amok on listings.