3/1/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT THE TIME OF THE JULY 23, 2010, INSPECTION, FORTICEL, MYCODYNE AND PROCLEAN101 WERE NOT REGISTERED AS PESTICIDES WITH EPA.
PURSUANT TO SECTION 12(a0(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUT OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA, 7.U.S.C. SECTION 136a.
RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), BY SELLING AND DISTRUBING THE UNREGISTERED PESTICIDE FORTICEL ON AT LEAST TWO OCCASIONS; THE UNREGISTERED PESTICIDE MYCODYNE ON AT LEAST TWO OCCASIONS; AND THE UNREGISTERED PESTICIDE PROCLEAN 101 ON AT LEAST ONE OCCASION.