8/26/2020 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $7,000.00. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
EPA ALLEGES THAT THE RESPONDENT, BY SELLING AND DISTRIBUTING ANOTHER REGISTRANT'S REGISTERED PESTICIDE UNDER ITS OWN NAME, WITHOUT MEETING ALL THE CONDITIONS REQUIRED BY
40 C.F.R. ? 152.132, WAS SELLING AND DISTRIBUTING AN UNREGISTERED PESTICIDE IN VIOLATION OF SECTIONS 3(E)(7 U.S.C. ? L36E) AND 12(A)(L)(A), 7 U.S.C. ? 136J(A)(L)(A) OF FTFRA ON AT LEAST ONE OCCASION AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF A CIVIL PENALTY UNDER SECTION 14(A) OF FIFRA, 7 U.S.C. ? 136L(A).
THE EPA FURTHER ALLEGES THAT RESPONDENT, BY SELLING AND DISTRIBUTING A MISBRANDED PESTICIDE PRODUCT, VIOLATED SECTION 12(A)(L)(E), 7 U.S.C. ? 136J(A)(1)(E) ON AT LEAST ONE OCCASION AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF A CIVIL PENALTY UNDER SECTION L4(A) OF FIFRA, 7 U.S.C. ? 136L(A).
SECTION L4(A) OF FIFRA, 7 U.S.C. ? 136L(A), IN CONJUNCTION WITH 40 C.F.R. PART 19 - ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION, AUTHORIZES THE ASSESSMENT OF A CIVIL PENALTY.