12/8/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,480. FOUR PAYMENTS WILL BE MADE TO COMPLETE THE PAYMENT OF THE ENTIRE PENALTY, INCLUDING INTEREST. THE FIRST INSTALLMENT IS UDE WITHIN 30 DAYS. THE SUBSEQUENT PAYMENTS WILL BE DUE IN 90-DAY INTERVALS THEREAFTER.
ALLEGATIONS:
ON OR ABOUT SEPT 27, 2009, EPA CONDUCTED AN INSPECTION AT WAL-MART #1268, 200 COLUMBUS CORNERS, WHITEVILLE, NC.
DURING THE INSPECTION, PEST OFFENSE WAS IDENTIFIED AS A PRODUCT MANUFACTURED BY RESPONDENT THAT HAD BEEN SOLD AND/OR DISTRIBUTED BY RESPONDENT TO WAL-MART.
PEST OFFENSE IS A PESTICIDE DEVICE, WHICH MEANS ANY INSTRUMENT OR CONTRIVANCE (OTHER THAN A FIREARM) WHICH IS INTENDED FOR TRAPPING, DESTROYING, REPELLING, OR MITIGATING ANY PEST OR ANY OTHER FORM OF PLANT OR ANIMAL LIFE (OTHER THAN MAN AND OTHER THAN BACTERIA, VIRUS, OR OTHER MICROORGANISM ON OR IN LIVING MAN OR OTHER LIVING ANIMALS).
RESPONDENT DISTRIBUTES OR SELLS PESTICIDE DEVICES. PESTICIDE DEVICES THAT ARE SOLD AND DISTRIBUTED TO THE U.S. ARE SUBJECT TO CERTAIN LABELING REQUIREMENTS BY 40 CFR 156.10.
AT THE TIME OF THE INSPECTION, PEST OFFENSE WAS MISBRANDED IN THAT IT BORE SEVERAL CLAIMS THAT WERE FALSE OR MISLEADING SUCH AS A STATEMENT DIRECTLY OR INDIRECTLY IMPLYING THAT THE PESTICIDE OR DEVICE IS RECOMMENDED OR ENDORSED YB EPA AND OTHER FEDERAL AGENCIES ON BOTH THE PRODUCT LABEL AND RESPONDENT'S WEBSITE. ADDITIONALLY, PEST OFFENSE WAS MISBRANDED IN THAT IT BORE AN INCORRECT EPA ESTABLISHME