9/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $440. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AS A RESULT OF THE AFOREMENTIONED INSPECTIONS AND SAMPLING, IT WAS DETERMINED THAT ON OR ABOUT MARCH 22, 2011, A PESTICIDE APPLICATOR WORKING UNDER THE DIRECTION OF THE RESPONDENT MADE AN AERIAL APPLICATION OF THE PESTICIDE 2,4D Lo-V ESTER, EPA REGISTRATION NUMBER 1386-60-72693, ONTO A WHEAT FILED BELONGING TO LARRY MCFARLIN LOCATED ON JAKE LINK ROAD IN COTTONTOWN, TENNESSEE. INSPECTION REPORTS INDICATED THAT DURING THIS APPLICATION, SOME OF THE PESTICIDE SPRAY MIST DRIFTED TO THE GREENHOUSES AND FRUIT ORCHARD LOCATED AT 650 JAKE LINK ROAD, ACROSS THE STREET FROM THE TREATED WHEAT FIELD, AND CAUSED INJURY TO PLANTS, INCLUDING TOMATOES, STRAWBERRIES, BLACKBERRIES AND PEACHES.
UNDER SECTION 12(a)(2)(G) OF FIFRA, 7 U.S.C. SECTIN 136j(a)(2)(G), IT UNLAWFUL FOR ANY PERSON TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING.
RESPONDENT VIOLATED SECTION 12(a)(2)(G) OF FIFRA.