6/5/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000. ORDER ALLEGES: AT THE TIME OF INSPECTION, THE MIGHTY TIDY TOY CLEANER WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA IN ACCORDANCE WITH SECTION SECTION 3 OF FIFRA, 7 U.S.C SECTION 136a. OFFERING THE MIGHTY TIDY TOY CLEANER FOR SALE OVER THE INTERNET DOCUMENTS THE SALE AND DISTRIBUTION OF THIS PRODUCT BY THE RESPONDENT. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).
AT THE TIME OF INSPECTION, RESPONDENT PRODUCED MIGHTY TIDY CLEANER IN AN ESTABLISHMENT IN VIOLATION OF THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. IN VIOLATION FIFRA SECTIN 12(a)(2)(L).AT THE TIME OF INSPECTION, THE MIGHTLY TIDY TOY CLEANER WAS MISBRANDED. A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT BEAR DIRECTIONS FOR USE WHICH ARE NECESSARY FOR AFFECTING THE PURPOSE FOR WHICH THE PRODUCT IS INTENDED, A PRECAUTIONARY STATEMENT, INGREDIENT STATEMENT, SIGNAL WORD AND STORAGE AND DISPOSAL STATEMENT. IN VIOLATION OF FIFRA SECTION 12(a)(1)(E).