12/4/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $27,400.00 PENALTY DUE WITHIN THIRTY DAYS.
ALLEGED VIOLATIONS:
ON OR AROUND AUGUST 19, 2021, MARCH 2, 2023, JUNE 7, 2023, AND JUNE 15, 2023, RESPONDENT REGISTERED FOUR PRODUCTS IDENTIFIED IN THE CAFO WITH THE EPA AS A PESTICIDE UNDER FIFRA. THROUGH THAT PROCESS, THE PRODUCTS WERE GIVEN REGISTRATION NUMBERS AND CLASSIFIED AS BEING FOR RESTRICTED USE PURSUANT TO SECTION 3{D)(L)(C) OF FIFRA, 7 U.S.C. ? 136A{D)(1)(C).
ON OR AROUND APRIL 11, 2024, AUTHORIZED REPRESENTATIVES OF THE EPA CONDUCTED AN INSPECTION OF THE FACILITY. THE INSPECTORS COLLECTED CERTAIN SALES LITERATURE THAT RESPONDENT HAD DISTRIBUTED AND BROCHURES. UPON REVIEW OF MATERIALS, RESPONDENT ADVERTISED A LIST OF THE PRODUCTS, BUT DID NOT INCLUDE STATEMENT REGARDING RESTRICTED USE CLASSIFICATION FOR EACH PRODUCT AS REQUIRED BY 40 C.F.R. ? 152.168(A} AND SECTION 12{A)(2}(E)OF FIFRA, 7 U.S.C. ? 136J(A)(2)(E).
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(2)(E} OF FIFRA, 7 U.S.C. ? 136J(A)(2}{E}, ON AT LEAST FOUR OCCASIONS BY ADVERTISING SPECIFIED PRODUCTS WITHOUT STATING THE RESTRICTED USE CLASSIFICATION OF EACH PRODUCT.