9/23/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 32,600.00 PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON MAY 12, 2021, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S FACILITY. DURING THE INSPECTION, RESPONDENT ADVISED THE INSPECTOR THAT FGI MANUFACTURES AND DISTRIBUTES INDUSTRIAL COATINGS AND HAD RECENTLY BEGUN ADDING AN ANTIMICROBIAL PESTICIDE TO ITS INDUSTRIAL COATINGS. RESPONDENT PROVIDED THE INSPECTOR WITH LABELS AND LABELING, INCLUDING TECHNICAL DATA SHEETS AND SAFETY DATA SHEETS, FOR THE PESTICIDE PRODUCTS. THE INSPECTOR REQUESTED THAT RESPONDENT PROVIDE SALES AND DISTRIBUTION RECORDS FOR THOSE PRODUCTS WHICH RESPONDENT PROVIDED ON OR AROUND JULY 20, 2022, THAT ALSO INCLUDED RECORDS FOR AN ADDITIONAL PESTICIDE PRODUCT.
UPON REVIEW OF LABELS, LABELING, AND RECORDS SUBMITTED, 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 THE UNREGISTERED PESTICIDES IDENTIFIED IN THE CAFO ON ONE OR MORE OCCASIONS BETWEEN MARCH 30, 2020, AND JUNE 21, 2021.