6/26/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,570.
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 HELD FOR SALE AND/OR DISTRIBUTION. ADD'L INSPECTIONS ON JUNE 20 AND JULY 7, 2011, REVEALED THAT RESPONDENT DISTRIBUTED AND SOLD DEER BRAND REFINED CAMPHOR AT LEAST 456 TIMES BETWEEN DEC 9, 2009 AND DEC 10, 2010. 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 2(u) WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.
RESPONDENT DISTRIBUTES OR SELLS PESTICIDES.
PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTED WITH EPA, PURSUANT TO FIFRA SECTION 3.
AT THE TIME OF THE INSPECTION, DEER CAMPHOR WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
UNDER FIFRA 12(a)(1)(A) IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA 3.
RESPONDENT VIOLATED FIFRA 12(a)(1)(A) ON AT LEAST 456 OCCASIONS.
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 APPROPRIATE TOXIC CATEGORY WORD, AND