5/29/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,585. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT MARCH 10, 2010, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE AFOREMENTIONED INSPECTION, FAMIS CREOLINA DEODORANT WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT. THE PRODUCT LABEL FOR THE FAMIS CREOLINA DEODORANT MAD THE FOLLOWING PESTICIDE CLAIM, PREVENTS BREEDING FLIES.
BECAUSE A PESTICIDIAL CLAIM WAS BEING MADE FOR THE PRODUCT, FAMIS CREOLINA DEODORANT, AT THE TIME OF INSPECTION THE PRODUCT WAS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.
AT THE TIME OF THE INSPECTION, RESPONDENT WAS DISTRIBUTING OR SELLING PESTICIDES. THE TERM TO DISTRIBUTE OR SELL AS DEFINED BY SECTION 2(gg) OF FIFRA, 7 U.S.C SECTION 136(gg), INCLUDES TO DISTRIBUTE, SELL, OFFER FOR SALE, HOLD FOR DISTRIBUTION, HOLD FOR SALE, HOLD FOR SHIPMENT, SHIP, DELIVER FOR SHIPMENT, OR RELEASE FOR SHIPMENT.
THE INSPECTOR DOCUMENTED ONE OFFER FOR SALE AND/OR DISTRUBTION OF FAMIS CREOLINA DEODORANT.
RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA.
AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED FAMIS CREOLINA DEODORANT IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTIC