1/14/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,420. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
THE EPA DETERMINED THAT OXITITAN WAS BEING DISTRIBUTED AND/OR SOLD BY THE RSPONDENT. BASED ON THE PESTICIDE CLAIMS MADE ON THE RESPONDENT'S WEBSITE REGARDING OXITITAN, THE PRODUCT IS A PESTICIDE. AT THE TIME THE EPA VIEWED THE RESPONDENT'S WEBSITE AND ON THE DATE OF THE INSPECTION, THE PRODUCT OXITITAN WAS NOT REGISTERED AS A PESITICIDE WITH THE EPA, AS REQUIRED BY SECTION 3 OF FIFRA, U.S.C. SECTION 136a.
PURSUANT TO SECTION 12(a)(1)(A) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA.