8/12/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,785.
SPECIFIC ALLEGATIONS:
ON OR ABOUT OCT 11, 2007, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, OMEGA MIST-WET, WAS IDENTIFIED AS BEING PRODUCED, SOLD AND DISTRIBUTED BY RESPONDENT. OMEGA MIST-WET IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA.
AT THE TIME OF THE INSPECTION, THE OMEGA MIST-WET WAS MISBRANDED IN THAT THE LABEL APPLIED TO THE PRODUCT CONTAINER DISPLAYED AN INCORRECT EPA ESTABLISHMENT NUMBER. PURSUANT TO 40 CFR SEC 156.10(f), THE LABEL MUST BEAR THE PRODUCING ESTABLISHMENT REGISTRATION NUMBER PRECEDED BY THE PHRASE EPA EST. OF THE FINAL ESTABLISHMENT AT WHICH THE PRODUCT WAS PRODUCT.
RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA BY AFFIXING A LABEL TO A REGISTERED PESTICIDE WITH THE WRONG ESTABLISHMENT NUMBER ON AT LEAST ONE OCCASION.