11/26/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $81,720.00 PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON OR ABOUT JANUARY 22, 2024, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. UPON REVIEW OF RECORDS OBTAINED DURING THE INSPECTION, THE EPA DETERMINED THE CHEMICAL PRODUCTS AND DEVICES SOLD AND DISTRIBUTED TO BE PESTICIDES, AS DESCRIBED HEREIN. THE INSPECTOR COLLECTED SALES AND DISTRIBUTION RECORDS FOR EACH OF THE PRODUCTS SHOWING THAT RESPONDENT SOLD OR DISTRIBUTED EACH OF THE PRODUCTS ON ONE OR MORE OCCASIONS BETWEEN JUNE 20, 2020, AND DECEMBER 28, 2023. ON OR ABOUT JANUARY 29, 2024, THE EPA REVIEWED THE WEBSITE AND LABELS AND DOCUMENTED THE STATEMENTS AND CLAIMS MADE ABOUT THE CHEMICAL PRODUCTS LISTED. DURING THE INSPECTION, RESPONDENT CONFIRMED THAT NONE OF THE FOUR CHEMICAL PRODUCTS WERE REGISTERED AS PESTICIDES WITH THE EPA AT THE TIME OF DISTRIBUTION OR SALE. THEREFORE, THE EPA HAS DETERMINED THAT THESE PRODUCTS, AT THE TIME THEY WERE DISTRIBUTED OR SOLD BY RESPONDENT, WERE UNREGISTERED PESTICIDES.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12{A){L)(A) OF FIFRA, 7 U.S.C. ? 136J{A)(1)(A), BY DISTRIBUTING OR SELLING FOUR UNREGISTERED PESTICIDES ON ONE OR MORE OCCASIONS BETWEEN JUNE 20, 2020, AND DECEMBER 28, 2023.
THE EPA FURTHER ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A){1){F) OF FIFRA, 7 U.S.C. ? 136J(A)(1){F), BY DISTRIBUTING OR SELLING MISBRANDED DEVICES ON ONE OR MORE OCCASION