1/2/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,120. RESPONDENT SHALL MAKE PAYMENT FOUR INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $1,000 IS DUE WITHIN THIRTY DAYS. THE FINAL PAYMENT IS DUE WITHIN 300 DAYS.
ORDER ALLEGES:
AT THE TIME OF THE INSPECTION, GRO-MAX + WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF THE FIFRA, ON AT LEAST FOUR OCCASIONS BY DISTRIBUTING AN UNREGISTERED PESTICIDE FROM ON OR ABOUT FEBRUARY 13, 2009 THROUGH ON OR ABOUT JULY 12, 2011.
ESTABLISHMENTS AND PRODUCE PESTICIDES ARE REQUIRED TO BE REGISTERED WITH THE ADMINISTRATOR OF THE EPA, PURSUANT TO SECTION 7(a) OF FIFRA.
AT THE TIME OF THE AFOREMENTIONED INSPECTION, RSPONDENT PRODUCED THE PESTICIDE GRO-MAX+ IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF THE EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT DURING THE RELEVANT PERIOD BETWEEN FEBRUARY 13, 2009, THROUGH JULY 12, 2011.
BECAUSE RESPONDENT PRODUCED PESTICIDES IN AN UNREGISTERED ESTABLISHMENT, RESPONDENT VIOLATED SECTION SECTION 12(a)(2)(L) OF FIFRA.