4/18/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 4,800. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON MAY 22, 2023, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S FACILITY. DURING THE INSPECTION, THE INSPECTOR COLLECTED THE LABEL AND INVOICE FOR SALE FOR A PRODUCT IDENTIFIED WITH THE NAME ?ANTIMICROBIAL? AND EPA REGISTRATION NUMBER WHICH IS CONSIDERED AN EXPRESS OR IMPLIED PUBLIC HEALTH CLAIM PURSUANT TO PRN 2000-1 AND INTENED FOR A PESTICIDAL PURPOSE. IT WAS DETERMINED THE PRODUCT DOES NOT MEET THE TREATED ARTICLE EXEMPTION UNDER 40 C.F.R. ? 152.25(A) FOR DISTRIBUTION OR SALE BY RESPONDENT.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY DISTRIBUTING AND SELLING AN UNREGISTERED PESTICIDE ON AUGUST 15, 2022.