6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7990 (PLUS INTEREST). EIGHT PAYMENTS WILL BE MADE TO COMPLETE PAYMENT. THE FIRST PAYMENT ($1032.75) IS DUE WITHIN 30 DAY AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAYS INTERVALS THEREAFTER (EACH $1032.75).
SPECIFIC ALLEGATIONS:
ON OR ABOUT JAN 26, 2009, EPA CONDUCTED AN INSPECTION AT MYTECH CHEMICAL, INC. DURING THE INSPECTION 'MYKROSTAT A-100 AND MYKROSTAT A5 (PPG-425) WRE IDENTIFIED AS BEING SOLD AND DISTRIBUTED BY RESPONDENT.
THESE PRODUCTS ARE PESTICIDES AS DEFINED IN SECTION 2(u) OF FIFRA. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES.
AT THE TIME OF THE INSPECTION, MYKROSTAT A-100 WAS MISBRANDED IN THAT THE LABEL DID NOT CONTAIN THE REGISTRATION NUMBER ASSIGNED TO THE PESTICIDE -- IN VIOLATION OF FIFRA SECTION 12(a)(1)(E).
AT THE TIME OF THE INSPECTION, MYKROSTAT A5 (PPG-425) HAD PHRASES ON THE PRODUCT'S LABEL WHICH EPA CONSIDERS TO BE PESTICIDAL CLAIMS, AND THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA -- IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).