4/28/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,850. RESPONDENT SHALL MAKE THREE INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $1,49.02 IS DUE BY JULY 1, 2009. THE LAST PAYMENT OF $1,490.02 IS DUE BY APRIL 1, 2010. ORDER ALLEGES: AT THE TIME OF THE INSPECTION, THE SUR-GRO 36-0-0 FERTILIZER FAILED TO MEET THE SCOPE OF THE CUSTOM BLENDER POLICY AND THEREFORE THE BLEND IS REQUIRED TO BE REGISTERED. THE CUSTOMER BLENDER POLICY WAS NOT MET IN THAT THE BLEND, AS DELIVERED TO THE END-USER, FAILED TO INCLUDE: (1) A COPY OF THE END-USE LABELING OFTHE PESTICIDE USED IN THE BLEND, AND; (2) A STATEMENT SPECIFYING THE COMPOSITION OF THE MIXTURE. UNDER SECTION 12(a)(1)(A) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA, 7 U.S.C SECTION 136a. RESPONDENT DISTRIBUTED AND SOLD THE PESTICIDE ON AT LEAST TWO OCCASIONS AS DESCRIBED BELOW:
INVOICE #7390 DATED 4/5/2006 TO THE GEORGIA TURF AND TRACTOR, INC.
INVOICE #7608 DATED 4/11/2006 TO THE WILLOW LAKE GOLF CLUB