11/26/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $100,890.00 PENALTY DUE WITHIN SIX (6) MONTHS.
ALLEGED VIOLATIONS:
ON OR AROUND MARCH 20, 2023, THE EPA REVIEWED RESPONDENT?S WEBSITE AND OBSERVED THAT A PRODUCT WAS BEING ADVERTISED THEREON WITH PESTICIDAL CLAIMS. ON MAY 2, 2023, THE EPA CONDUCTED AN INSPECTION AT THE FACILITY DURING WHICH THE INSPECTOR COLLECTED THE PRODUCT LABEL AND RECORDS SHOWING
THAT THE PRODUCT WAS SOLD AND DISTRIBUTED ON SEVERAL OCCASIONS BETWEEN APRIL 6, 2021, AND MARCH 16, 2023. THE LABEL COLLECTED FOR THE PRODUCT DISPLAYED RESPONDENT?S WEBSITE. THEREFORE, THE WEBSITE IS CONSIDERED TO BE LABELING FOR THAT PRODUCT PURSUANT TO SECTION 2(P)(2)(B) OF FIFRA, 7 U.S.C. ? 136(P)(2)(B). AT THE TIME OF THE DISTRIBUTION AND SALES MEMORIALIZED BY THE RECORDS THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA. THE INSPECTOR ALSO OBSERVED AND DOCUMENTED THAT RESPONDENT WAS PRODUCING THE PRODUCT ONSITE AT THE FACILITY. AT THE TIME OF THE INSPECTION, THE FACILITY WAS NOT REGISTERED AS AN ESTABLISHMENT WITH THE EPA. RESPONDENT THEREFORE PRODUCED A PESTICIDE IN AN UNREGISTERED ESTABLISHMENT. THE INSPECTOR ALSO COLLECTED THE LABEL FOR ANOTHER PRODUCT WHICH INCLUDED THE CLAIM THAT THE PRODUCT WAS ?ANTIMICROBIAL.? THE PRODUCT LABELING; THE RESPONDENT?S STATEMENT AFTER THE INSPECTION; AND WEBSITE CLAIMS ALL DEMONSTRATE THAT THE PRODUCT IS CONSIDERED TO BE INTENDED FOR A PESTICIDAL PURPOSE AND WAS THEREFORE A PESTICIDE THAT WAS REQUIRED