SALE OF ADULTERATED PESTICIDE. RESPONDENT WAS ONE OF THREE COMPANIES SUED FOR SELLING THE IDENTICAL PRODUCTS. HP PRODUCTS CORP., WAS THE PRODUCER OF THE PESTICIDE PRODUCTS AT ISSUE; THE OTHER RESPONDENTS WERE THE DISTRIBUTOR AND THE STORE THAT SOLD THE PRODUCTS TO CUSTOMERS. RESPONDENT RAISED AS A DEFENSE THE ARGUMENT THAT EPA COULD NOT SEEK THE FULL PROPOSED PENALTY FOR THE SALE OF A GIVEN PRODUCT FROM ALL THREE RESPONDENTS, BECAUSE FIFRA DID NOT ALLOW FOR JOINT AND SEVERAL LIABILITY; RATHER, EPA HAD TO EITHER APPORTION THE PENALTY AMONG THE THREE RES- PONDENTS, OR SEEK COLLECTION FROM ONLY ONE. THE PENATY POLICY SEEMED AMBIGUOUS. HENCE, THE PROPOSED PENALTY WAS REDUCED FOR LITIGATION RISKS.