4/19/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENLATY OF $6,210. FOUR PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE PENALTY, INCLUDING INTEREST. THE FINAL PAYMENT IS DUE WITHING 300 DAYS.
ALLEGATIONS:
ON OR ABOUT OCT 21, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY AT 23902 US HWY 98,FAIRHOPE, AL.
DURING THE INSPECTION, EPA DISCOVERED THAT THE RESPONDENT WAS DISTRIBUTING OR SELLING AQUA GUARD CHLORINATING SANITIZER.
AQUA GUARD CHLORINATING SANITIZER IS A PESTICIDE AS DEFINED IN FIFRA SEC 2(u).
RESPONDENT DISTRIBUTES OR SELLS PESTICIDES.
PURSUANT TO FIFRA 2(q), A PESTICIDE IS MISBRANDED IF ITS LABEL FAILS TO BEAR DIRECTIONS FOR USE, A WARNING OR CAUTION STATEMENT AND THE INGREDIENT STATEMENT.
AT THE TIME OF THE INSPECTION, AQUA GUARD CHLORINATING SANITIZER WAS MISBRANDED. THE PRODUCT'S LABEL WAS NOT IDENTICAL TO THE EPA APPROVEL LABEL.
UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED.
RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 3 OCCASIONS.