3/30/06 - CONSENT AGREEMENT AND FINAL ORDER (CAF0) ISSUED ASSESSING A PENALTY OF $13,200. RESPONDENT SHALL MAKE PAYMENT THIRTY DAYS.
ALLEGATIONS:
AT THE TIME OF THE INSPECTION, THE REPACKAGED MITE-A-THOL WAS NOT REGISTERED AS A PESTICIDE WITH EPA. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).
AT THE TIME OF INSPECTION, THE LABEL FALSELY LISTED MITE-A-THOL AS THE ACTIVE INGREDIENT IN MITE-A-THOL, INSTEAD OF MENTHOL. ACCORDING TO FIFRA 2(q)(1)(A),7 U.S.C. SECTION 126(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABEL IS FALSE OR MISLEADING IN ANY PARTICULAR. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(E). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE REPACKAGED PESTICIDE MITE-A-THOL IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. IN VIOLATION OF FIFRA SECTION 12(a)(1)(L).