REFERRAL OF ACTION TO COLLECT CIVIL PENALTY IMPOSED AGAINST PANASONY ELECTRONICS CORPORATION UNDER FIFRA SYNOPSIS OF CASE PANASONY ELECTRONICS CORPORATION (PANASONY), WHICH DOES BUSINESS IN CHICAGO, ILLINOIS, SELLS AND DISTRIBUTES FOR SALE AN ULTRASONIC DEVICE CALLED PEST FREE. THE LABEL ON THIS DEVICE CLAIMED THAT IT WOULD REPEL RATS, MICE AND COCKROACHES. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) TESTS DEMONSTRATE THAT THESE CLAIMS ARE FALSE. ON JANUARY 20, 1984, REGION V FILED A CIVIL ADMINISTRA- TIVE ACTION AGAINST PANASONY UNDER FIFRA, ALLEGING THAT THE DEVICE WAS MISBRANDED. THE COMPLAINT SOUGHT A CIVIL PENALTY OF $45,000. PANASONY DENIED THE ALLEGATIONS AND CLAIMED THAT U.S. EPA HAD NO JURISDICTION OVER ITS PRODUCT. THE ADMINISTRATIVE LAW JUDGE ENTERED AN ORDER REQUIRING A PRE- HEARING EXCHANGE OF INFORMATION BETWEEN THE PARTIES. PANA- SONY TWICE REFUSED TO COMPLY WITH THE ORDER AND VOLUNTARILY WITHDREW FROM THE CASE. ON MOTION OF REGION V THE ADMINI- STRATIVE LAW JUDGE FOUND PANASONY IN DEFAULT AND ENTERED A FINAL ORDER ON AUGUST 17, 1984. THAT ORDER FOUND THAT BY DEFAULTING, PANASONY HAD ADMITTED ALL THE FACTUAL ALLEGA- TIONS AGAINST IT AND IMPOSED THE FULL CIVIL PENALTY OF $45,000 AGAINST THE COMPANY. PANASONY HAS NOT PAID THE PENALTY BY THE DATE SPECIFIED IN THE ORDER AND HAS NOT RESPONDED TO REGION V'S DEMANDS FOR