8/12/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,430, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT SEPT 15, 2008, EPA CONDUCTED AN INSPECTION AT BOOTH INTERNATIONAL COMPANY. THE INVESTIGATION FOLLOWING THE INSPECTION REVEALED THAT THE PRODUCT ODOR GUARD WAS OFFERED FOR SALE BY RESPONDENT.
THE PRODUCT IS A PESTICIDE. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. RESPONDENT MADE PESTICIDAL CLAIMS ON ITS WEBSITE FOR ODOR GUARD AND THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3.
RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) BY OFFERING AN UNREGISTERED PESTICIDE FOR SALE.