7/10/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,200, PLUS INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. THE SUBSEQUENT 7 PAYMENTS SHALL BE DUE IN 90-DAY INTERVALS THEREAFTER. THE FINAL PAYMENT IS DUE ON OR BEFORE MAY 31, 2014.
ALLEGATIONS:
ON OR ABOUT JULY 19, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, RESPONDENT PROVIDED RECORDS TO THE INSPECTOR SHOWING THAT THE RESPONDENT HAD SOLD AND/OR DISTRIBUTED THE PRODUCT KLEEN-FREE NATURALLY ON AT LEAST 33 OCCASIONS.
PRIOR TO AND AT THE TIME OF HTE INSPECTION, RESPONDENT'S WEBSITE INCLUDED ADS FOR KLEEN-FREE NATURALLY THAT STATED THAT THE PRODUCT HELPS CLEAN INSECT INFESTATIONS AND ESPECIALLY EFFECTIVE ON HARD-TO-CLEAN SURFACES...WHERE GERMS COLONIZE. THESE STATEMENTS ARE CONSIDERED TO BE MAKING PESTICIDAL CLAIMS FOR THE PRODUCT.
AS A RESULT OF THE PESTICIDAL CLAIMS MADE FOR KLEEN-FREE NATURALLY, THE PRODUCT IS A PESTICIDE AS DEFINED IN FIFRA SECTION 2(u).
AT THE TIME OF THE INSPECTION, RESPONDENT'S BUSINESS INCLUDED DISTRIBUTING OR SELLING PESTICIDES.
PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN TEH U.S. ARE REQUIRED TO BE REGISTERED WITH EPA.
AT AND PRIOR TO THE TIME OF THE INSPECTION, KLEEN-FREE NATURALLY WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
DURING THE INSPECTION, THE INSPECTOR COLLECTED RECORDS THAT DOCUMENTED AT LEAST 33 SALES AND/OR DISTRIBUTION OF SAID PESTICIDE BY RESPONDENT.
UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FO