10/11/2011 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000, PLUS INTEREST. THE FIRST INSTALLMENT (479.06) IS DUE WITHIN 30 DAYS OR BY SEPT 1, 2011 WHICHEVER IS LATER. THE SUBSEQUENT 17 PAYMENTS ($505.00) SHALL BE DUE IN ONE MONTH INTERVALS THEREAFTER ON THE FIRST DAY OF EACH CONSECUTIVE MONTH.
ALLEGATIONS:
RESPONDENT SELLS PERFORMANCE SCRUBS PRODUCTS TO HEALTHCARE PROFESSIONALS ON0LINE AT ITS WEBSITE.
ON OR ABOUT AUG 19, 2010, EPA INSPECTED THE RESPONDENT'S FACILIT, AND ON OR ABOUT SEPT 21, 2010, EPA VISITED AND VIEWED RESPONDENT'S WEBSITE.
DURING THE INSPECTION AND WEBSITE REVIEW, THE INSPECTORS OBSERVED THAT PERFORMANCE SCRUBS WERE OFFERED FOR SALE BY PERFORMANCE HEALTHCARE PRODUCTS, INC.
AT THE TIME OF THE INSPECTION AND WEBSITE REVIEW, PERFORMANCE SCRUBS WERE PESTICIDES AS DEFINED IN FIFRA 2(u) IN THAT THEY WERE BEING SOLD AND DISTRIBUTED AS A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST...
FURHTER, PERFORMANCE SCRUBS WERE ANTIMICROBIAL PESTICIES AS DEFINED IN FIFRA 2(mm) IN THAT THE PRODUCTS WERE INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS ON THE FABRIC BY PREVENTING THE SPREAD OF BACTERIA AND CONTROLLING INFECTION, INHIBITING 99 PERCENT OF THE BACTERIA THAT CAUSES ODOR AND MAKING THEM MORE SANITARY THAN ANY SCRUBS AVAILABLE TODAY.
PESTICIDE THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REG