3/8/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $0.
ALLEGATIONS:
ON OR ABOUT AUG 27, 2009, EPA CONDUCTED AN INSPECTION AT CHEMTECH SUPPLY, A PESTICIDE DEALER IN MEZA, AZ.
DURING THE INSPECTION, THE DEO-SECT/DUMPSTER KILL PRODUCT WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY ENVIROTECH SOLUTIONS, INC. THE PRODUCT LABEL FOR THE DEO-SECT/DUMPSTER KILL MADE THE FOLLOWING PESTICIDAL CLAIMS:
CONTROLS OBNOXIOUS FLYING AND CRAWLING INSECTS IN ANY AREA...
CONTROLS COCKROACHES, FLIES, ANTS, SPIDERS, MOSQUITOES, GNATS, FLYING MOTHS, AND MOTHS...
IN ADDITION, THE PRODUCT NAME MAKES A PESTICIDAL CLAIM IN THAT IT EXPRESSES THAT THE PRODUCT MITIGATES PESTS BY REMOVING THE PEST'S FOOD, FOOD SOURCES, OR ITS HABITAT.
BECAUSE THE PESTICIDAL CLAIMS WERE BEING MADE FOR DEO-SECT/DUMPSTER KILL , THE PRODUCT IS A PESTICIDE AS DEFINED IN FIFRA SECTION 2(u).
A REVIEW OF RESPONDENT'S WEBSITE REVEALED THAT THE ADD'L PRODUCTS E.COLI INSTA-KILL AND QUATERNARY SNAITIZERS WERE BEING OFFERED FOR SALE OR DISTRIBUTION ON THE WEBSITE AS ANTIMICROBIAL PESTICIDES. THE WEBSITE STATES THE FOLLWOING:
E. COLI IS A KILLER BACTERIA...
E. COLI INSTA KILL IS FORMULATED FOR CLEANING AND SANITIZING...
QUATERNARY DISINFECTANTS ARE A ONE-STEP DISINFECTANT CLEANER...
QUATERNARY DISINFECTANTS ARE EFFECTIVE AGAINST BACTERIA...
QUATERNARY DISINFECTANTS SANITIZE...
THE E.COLI INST-KILL AND QUATERNARY SANITIZERS PRODUCTS ARE ANTIMICROBIAL PESTICIDE