1/13/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 137,700.00 PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON SEPTEMBER 29, 2021, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT THE INDUSTRIAL DRIVE FACILITY TO COLLECT INFORMATION RELATED TO RESPONDENT'S COMPLIANCE WITH FIFRA. IT WAS DISCOVERED THAT RESPONDENT WAS PRODUCING AND DISTRIBUTING A PRODUCT WITH PESTICIDAL CLAIMS OUT OF ITS INDUSTRIAL DRIVE AND THE JOHNSON ROAD FACILITIES. THE INSPECTOR ALSO COLLECTED SHIPPING RECORDS EVIDENCING SALES AND DISTRIBUTION OF THE PRODUCT BETWEEN OCTOBER 2020 AND JANUARY 2021. A REVIEW OF THE LABEL AND LABELLING COLLECTED DURING THE INSPECTION REVEALED THE FOLLOWING PESTICIDAL CLAIMS. FURTHER REVIEW OF THE PRODUCT LABEL SHOWED THAT IT DID NOT DISPLAY AN EPA ESTABLISHMENT NUMBER. SUBSEQUENT INSPECTIONS WERE CONDUCTED AND SHIPPING RECORDS COLLECTED.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A}(2}(L} OF FIFRA, 7 U.S.C. ? 136J(A)(2)(L), BY PRODUCING DEVICES IN AN ESTABLISHMENT THAT WAS NOT REGISTERED AS REQUIRED BY 40 C.F.R.
? 167.20(A}{L) AND SECTION 7(A} OF FIFRA, 7 U.S.C. ? 136E(A}.