5/8/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $50,100, DUE IN 8 INSTALLMENT PAYMENTS. FINAL INSTALLMENT PAYMENT IS DUE FEB 28, 2015.
ALLEGATIONS:
ON OCT 12, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, A PRODUCT LABELED FOSSIL SHELL DUST WAS OBSERVED AT THE FACILITY. THE LABEL ON THE FOSSIL SHELL DUST CONTAINERS INCLUDED THE PHRASE KILLS BED BUGS. IT ALSO DISPLAYED THE NAME OF THE RESPONDENT.
PRIOR TO AND AT THE TIME OF THE INSPECTION, RESPONDENT'S WEBSITE INCLUDED ADVERTISEMENTS FOR FOSSIL SHELL DUST THAT STATED THAT THE PRODUCT KILLS BED BUGS.
DURING THE INSPECTION, THE INSPECTOR OBSERVED AND RESPONDENT CONFIRMED THAT THE FOSSIL SHELL DUST SOLD OR DISTRIBUTED BY RESPONDENT WAS LABELED BY RESPONDENT AT ITS FACILITY.
DURING THE INSPECTION, RESPONDENT PROVIDED THE INSPECTOR WITH A COMPUTER PRINTOUT SHOWING 74 SHIPMENT DATES INCLUDING SHIPPING LOCATIONS INDICATING THAT RESPONDENT HAD SOLD AND SHIPPED THE PRODUCT FOSSIL SHELL DUST ON AT LEAST 74 SEPARATE OCCASIONS.
FOSSIL SHELL DUST IS A PESTICDE AS THAT TERM IS DEFINE IN SEC 2(u)(1) OF FIFRA.
PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH EPA PURSUANT TO FIFRA SEC 3.
FOSSIL SHELL DUST WAS DISTRIBUTED OR SOLD BY RESPONDENT ON AT LEAST 74 DIFFERENT OCCASIONS.
FIFRA SEC 3(a) PROHIBITS THE DISTRIBUTION OR SALE OF ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA.
FOSSIL SHELL DUST WAS NOT REGIST