RESPONDENT SOLD/DISTRIBUTED 2 ADULTERED AND 1 OVERFORMULATED PESTICIDE PRODUCT. RESPONDENT OFFERED FOR DISTRIBUTION OR SALE AN OVER-FORMU- LATED PESTICIDE PRODUCT AND TWO ADULTERATED PESTICIDE PRODUCTS, IN VIOLATION OF SECTION 12(A)(E) OF FIFRA. U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT ON AUGUST 1, 1995, PROPOSING A PENALTY OF $11,500 (THE AMOUNT IN THE COMPLAINT WAS INCORRECTLY LISTED AS $12,000). THE PARTIES DISCUSSED SETTLEMENT ON OCTOBER 12, 1995, AND REACHED SETTLEMENT. A CACO WAS FILED ON FEBRUARY 20, 1997, SETTLING THE CASE. UNDER THE SETTLEMENT, RESPONDENT PAID A CIVIL PENALTY OF $5,440. THIS MITIGATED PENALTY WAS CAL- CULATED IN ACCORDANCE WITH THE FIFRA ENFORCEMENT RESPONSE POLICY, BASED ON AN EVALUATION OF INFORMATION PROVIDED BY RESPONDENT. SPECIFICALLY, RESPONDENT PROVIDED INFORMATION THAT DEMONSTRATED THAT THE SIZE OF BUSINESS CATEGORY SHOULD HAVE BEEN A CATEGORY II AS OPPOSED TO A CATEGORY I. THIS REDUCED THE TOTAL GRAVITY-BASED PENALTY TO $12,000. IN ADDITION BECAUSE RESPONDENT HAD DISCONTINUED SALES OF THE PESTICIDES AT ISSUE, THE CULPABILITY FACTOR FOR COUNTS I AND II WERE ADJUSTED FROM 2 TO 0, WITH A CORRESPONDING 40% DOWNWARD ADJUSTMENT OF THE PENALTY FOR EACH OF THESE COUNTS; THIS RESULTED IN A PENALTY OF $2,400 FOR EACH OF THE FIRST TWO COUNTS. FOR COUNT III, THE GRAVITY VALUE FOR PESTICIDE TOXICITY WAS ALSO REDUCED FROM 2