6/12/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $100,960.00 PENALTY DUE IN TWO INSTALLMENTS: THE FIRST DUE WITHIN 30 DAYS OF THIS CAFO. THE SECOND WITHIN 180 DAYS OF THIS CAFO.
ALLEGED VIOLATIONS:
ON OR AROUND MARCH 13, 2024, REGION 4 CONDUCTED A REVIEW OF SEVERAL PRODUCTS ON RESPONDENT?S WEBSITE AND OBSERVED AND DOCUMENTED PRODUCTS WITH PESTICIDAL CLAIMS. ON OR AROUND JUNE 3, 2024, THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S FACILITY. DURING THE INSPECTION, RESPONDENT ADVISED THE INSPECTORS THAT NO PESTICIDE PRODUCTS WERE CURRENTLY KEPT AT
OR DISTRIBUTED FROM THE FACILITY. THE INSPECTORS REQUESTED COPIES OF LABELS AFFIXED TO THE PRODUCTS THAT WERE DISTRIBUTED OR SOLD, AND FOR RECORDS OF SALES OF PRODUCTS. ON JUNE 17, 2024, RESPONDENT SUBMITTED LABELS AND SALES INVOICES FOR SIX PRODUCTS (I.E., DISINFECTANT, WIPES, CO2 INCUBATORS, ETC.) AND A USER MANUAL. A REVIEW OF THE COLLECTED LABELS SHOWED THE PRESENCE OF PESTICIDAL CLAIMS. THE SALES INVOICES SUBMITTED BY RESPONDENT SHOWED THAT RESPONDENT DISTRIBUTED OR SOLD THE PRODUCTS ON MULTIPLE OCCASIONS IN 2022 AND 2024.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY DISTRIBUTING OR SELLING, INCLUDING OFFERING FOR SALE, THE UNREGISTERED PESTICIDES OOSAFE SURFACE DISINFECTANT, OOSAFE DISINFECTION WIPES, AND OOSAFE DISINFECTANT FOR CO2 INCUBATORS AND LAMINAR
FLOOD HOODS, ON MULTIPLE OCCASIONS BETWEEN SEPTEMBER 29, 2022, AND DECEMBER 19, 2022, AN