# MIAMI GARDENS DRIVE & 87TH AVENUE SUPERMARKET, INC. dba SEDANO'S SUPERMARKET #36
> **Administrative - Formal** · FY2012 · — · Final Order With Penalty
## Case
- **Activity ID:** `3000007802`
- **Case Number:** 04-2012-3009
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- MIAMI GARDENS DRIVE & 87TH AVENUE SUPERMARKET (complaint) (settlement)
- SEDANO'S SUPERMARKET #36 (complaint) (settlement)
## Summary

3/14/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,650.

ALLEGATIONS:
ON OR ABOUT DEC 9, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY.

AT THE TIME OF THE INSPECTION, THE INSPECTOR OBSERVED DEER BRAND REFINED CAMPHOR (DEER CAMPHOR) BEING OFFERED FOR SALE AND/OR DISTRIBUTION.

THE LABEL ON DEER CAMPHOR BORE THE CLAIM  FOR PROTECTION AGAINST MOTHS, SILVERFISH AND OTHER INSECT PESTS. 

BECAUSE THE LABEL FOR DEER CAMPHOR MADE PESTICIDAL CLAIMS, THIS PRODUCT IS A PESTICIDE AS DEFINED IN FIFRA, WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.

RESPONDENT  DISTRIBUTES OR SELLS  PESTICIDES. THE TERM  TO DISTRIBUTE OR SELL  INCLUDES TO DISTRIBUTE, SELL, OFFER FOR SALE, HOLD FOR DISTRIBUTION, HOLD FOR SALE, HOLD FOR SHIPMENT, SHIP, DELIVER FOR SHIPMENT, OR RELEASE FOR SHIPMENT.

PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTED WITH THE EPA.

AT THE TIME OF THE INSPECTION, DEER CAMPHOR WAS NOT REGISTRED AS A PESTICIDE WITH EPA. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3.

AT THE TIME OF THE INSPECTION, THE LABEL ON THE PESTICIDE FAILED TO BEAR DIRECTIONS FOR USE, A WARNING OR CAUTION STATEMENT, WHICH INCLUDES THE APPROPRAITE TOXIC CATEGORY WORD, AND THE INGREDIENT STATEMENT.  

PURSUANT TO FIFRA 2(q), A PESTICIDE IS MISBRANDED IF IT

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