1/13/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 37,440.00 PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON OR AROUND AUGUST 7, 2023, AUTHORIZED REPRESENTATIVES OF THE EPA CONDUCTED AN INSPECTION AT THE FACILITY. DURING THE INSPECTION, THE INSPECTORS OBSERVED TWO PRODUCTS THAT WERE BEING HELD FOR SALE AT THE FACILITY. THEY TOOK PHOTOGRAPHS OF THE LABELS, PACKAGING, AND MANUALS FOR EACH PRODUCT AND OBTAINED SHIPPING RECORDS THAT INDICATED THAT RESPONDENT HAD SOLD AND DISTRIBUTED EACH OF THESE PRODUCTS ONE OR MORE TIMES DURING THE PERIOD BETWEEN SEPTEMBER 16, 2021, AND NOVEMBER 28, 2022. A REVIEW OF THE PHOTOGRAPHS TAKEN DURING THE INSPECTION REVEALED PRODUCT LABELING AND A MANUAL WITH PESTICIDAL CLAIMS, OUTER PACKAGING CONTAINING AN EPA REG NUMBER THAT DOES NOT CORRESPOND TO ANY PESTICIDE REGISTERED WITH THE EPA, AND THE STICKER AFFIXED AS A LABEL ON THE PRODUCT AND OUTER PACKAGING DID NOT INCLUDE AN EPA ESTABLISHMENT NUMBER FOR WHERE THE PRODUCT WAS PRODUCED. IN A LETTER DATED JULY 21, 2024, A REPRESENTATIVE FOR RESPONDENT PROVIDED A COPY OF A LABEL SAID TO CUSTOMARILY BE AFFIXED ON PACKAGING WHEN PRODUCT IS SOLD OR DISTRIUTED. A REVIEW OF THE LABEL REVEALED IT PROPERLY LISTED AN EPA ESTABLISHMENT NUMBER FOR THE ESTABLISHMENT WHERE THE PRODUCT WAS PRODUCED AND IT LISTED AN EPA REG NO THAT DID NOT CORRESPOND TO ANY PESTICIDE REGESTERED WITH THE EPA.
THE EPA ALLEGES RESPONDENT VIOLATED SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F), BY