FIFRA ADMINISTRATIVE PENALTY CASE: SALE AND DISTRIBUTION OF A MISBRANDED PESTICIDE. VENUS FAILED TO PLACE WARNING LABELS IN JAPANESE ON SHIPMENTS TO JAPAN. ON FEBRUARY 15, 1995, REGION V FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT, ALLEGING THAT RESPONDENT VIOLATED 40 C.F.R. SEC. 168.65(B)(4)(II) BY SELLING AND DISTRIBUTING A MISBRANDED PESTICIDE, UNI-TAB, ON FIFTEEN SEPARATE OCCASIONS BY FAILING TO PLACE WARNING LABELS IN JAPANESE ON CERTAIN UNI-TAB SHIPMENTS TO JAPAN AS REQUIRED. THE PROPOSED PENALTY IN THE COMPLAINT WAS $52,500. RESPONDENT FILED AN ANSWER ON MARCH 14, 1995, ADMITTING IN PART AND DENYING IN PART THE FACTUAL ALLEGATIONS OF THE COMPLAINT, DENYING LIABILITY, CONTESTING THE PROPOSED PENALTY AND REQUESTING A HEARING. ON DECEMBER 27, 1996, THE REGIONAL ADMINISTRATOR EXECUTED A CONSENT AGREEMENT AND FINAL ORDER IN RESOLUTION OF THIS MATTER WHICH PROVIDES FOR THE PAYMENT OF A $20,000 CIVIL PENALTY BY RESPONDENT. BASED ON INFORMATION SUBSEQUENTLY PROVIDED TO U.S. EPA, U.S. EPA AGREED TO RECALCULATE THE PROPOSED PENALTY IN THE COMPLAINT BY ADJUSTING THE CULPABILITY FACTOR FROM 2 TO 0 PURSUANT TO THE ERP, RESULTING IN AN ADJUSTED PROPOSED PENALTY OF $37,500. FOR THE PURPOSE OF SETTLEMENT ONLY, U.S.