4/22/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF 5,000.00 PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON OR ABOUT JUNE 8, 2022, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. THE INSPECTOR OBSERVED THAT RESPONDENT APPEARED TO BE PRODUCING AND SELLING THE PESTICIDE PRODUCT SPECIFIED IN THE CAFO AND THAT PRODUCTION OF THE DISTRIBUTOR PRODUCT WAS BEING CONDUCTED AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE INSPECTOR COLLECTED SALES AND DISTRIBUTION RECORDS FOR THE PRODUCTS THAT DOCUMENTED RESPONDENT'S SALE OF ONE PRODUCT ON ONE OR MORE OCCASIONS BETWEEN MAY 19, 2022, AND MAY 31, 2022, AND OTHER PRODUCT ON ONE OR MORE OCCASIONS BETWEEN MAY 17, 2021, AND MAY 11, 2022. DOCUMENTARY SAMPLES OF THE LABELS AND LABELING THAT WERE APPLIED TO THE CONTAINERS OF THE PRODUCTS WERE ALSO COLLECTED DURING THE INSPECTION. ON OR AROUND SEPTEMBER 4, 2023, THE EPA REVIEWED THE COLLECTED LABELS AND COMPARED THEM TO THE EPA-APPROVED LABEL FOR THE REGISTERED PRODUCT AND NOTED DISCREPANCIES OUTLINED IN THE CAFO.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12{A){1){E) OF FIFRA, 7 U.S.C. ? 136J{A){1){E), BY DISTRIBUTING OR SELLING THE MISBRANDED PESTICIDE PRODUCTS ON AT LEAST THREE OCCASIONS BETWEEN THE DATES OF MAY 19, 2022, AND MAY 31, 2022, AS DESCRIBED IN SECTION IV OF THE CAFO, AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF A CIVIL PENALTY UNDER SECTION 14(A) OF FIFRA, 7 U.S.C. ? 136/(A). ALSO, THE EPA ALLEGES