# A & V, INC.
> **Administrative - Formal** · FY1996 · — · Final Order With Penalty
## Case
- **Activity ID:** `29617`
- **Case Number:** 05-1996-0125
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $5K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- A & V, INC. (complaint) (settlement)
## Summary

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  

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*