6/7/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,500. RESPONDENT SHALL MAKE THREE INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $2,500 IS PAYABLE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE BY 9/06. ORDER ALLEGES: RESPONDENT DID NOT REGISTER THE TREATED DIMENSIONAL LUMBER FOR USE AS SKIRTBOARDS AS A PESTICIDE WITH THE ADMINISTRATOR PRIOR TO SALE OR DISTRIBUTION. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). WHEN RESPONDENT APPLIED THE REGISTERED PESTICIDE CCA TYPE C WOOD PRESERVATIVE TO THE DIMENSIONAL LUMBER FOR SALE AND DISTRIBUTION AS SKIRTBOARDS, RESPONDENT PRODUCED A PESTICIDE AS THOSE TERMS ARE DEFINED AT SECTIONS 2(w) and 2(u) of FIFRA, U.S.C. SECTIONS 126(w) and 136(u), BECAUSE THE TREATED SKIRTBOARDS ARE CAPABLE OF REPELLING OR MITIGATING PESTS AND WERE TREATED IN VIOLATION OF THE REGISTERED PESTICIDE'S LABEL. IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).