THIS ADMINISTRATIVE PENALTY PROCEEDING INVOLVES 2 COUNTS ALLEGING THE SALE AND DISTRIBUTION BY RESPONDENT OF ADULTERATED PESTICIDES, WHICH IS UNLAWFUL UNDER SECTION 12(A)(1)(E) OF THE FEDERAL INSECTICIDE FUNGICIDE, AND RODENTICIDE ACT ( FIFRA ), 7 U.S.C. SECTION 136J(A)(1)(E). THE ALLEGED VIOLATIONS WERE DISCOVERED DURING A ROUTINE INSPECTION OF THE FACILITY CONDUCTED BY INSPECTORS FROM THE OFFICE OF THE INDIANA STATE CHEMIST AND SEED COMMISSIONER ON OCTOBER 26, 1993.