5/28/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,965. RESPONDENT SHALL MAKE THREE INSTALLMENT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 90 DAYS OF FILING OF THE CAFO. THE LAST PAYMENT IS DUE WITHIN 4520 DAYS OF FILING OF THE CAFO.
ORDER ALLEGES:
AT THE TIME OF THE INSPECTION, THE LABEL ON THE PESTICIDE BAYSE B-52 FAILED TO BEAR DIRECTIONS FOR USE AND THE INGREDIENT STATEMENT.
PURSUANT TO SECTION 2(a) OF FIFRA, 7.U.S.C. SECTION 136(q), A PESTICIDE IS MISBRANDED IF IT'S LABEL FAILS TO BEAR DIRECTIONS FOR USE AND THE INGREDIENT STATEMENT.
UNDER SECTION 12(a)(1)(E) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED.
BECAUSE RESPONDENT SOLD AND DISTRIBUTED AN UNREGISTERED PESTICIDE ON AT LEAST ONE OCCASION. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA.