1/17/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,920. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON MARCH 14, 2011, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY. DURING THE INSPECTION, A REPRESENTATIVE OF THE RESPONDENT PROVIDED THE INSPECTOR WITH A SALES BY PRODUCT/SERVICE DETAIL WHICH LISTED SEVEN SHIPPING INVOICES, INDICATING THAT RESPONDENT AHD SHIPED MORE THAN 6,480 CASES CONTAINING FOUR OUNCE BOTTLES OF BITE FREE CITRONELLA LOTION. THEREFORE, BITE FREE CITRONELLA LOTION WAS DISTRIBUTED OR SOLD BY RESPODENT ON AT LEAST SEVEN OCCASIONS.
THE BITE FREE CITRONELLA LOTION DISTRIBUTED OR SOLD BY THE RESPONDENT WAS NOT REGISTERED UNDER SECTION 3 OF FIFRA.
SECTIN 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), MAKES IT UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT NOT REGISTERED UNDER FIFRA.
THEREFORE, RESPONDENT VIOLATED SECTION 12(a)(A)(1) OF FIFRA, ON AT LEAST SEVEN DIFFERENT OCCASIONS.