9/3/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $184,500.00 PENALTY DUE IN THIRTY-SIX (36) INSTALLMENTS WITH INTEREST, THE FIRST PAYMENT DUE WITHIN 30 DAYS OF THIS CAFO. RESPONDENT?S SUBSEQUENT PAYMENTS SHALL THEREAFTER BE DUE IN 30-DAY INTERVALS FROM SAID EFFECTIVE DATE.
ALLEGED VIOLATIONS:
ON AUGUST 16, 2022, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S FACILITY. PHOTOGRAPHS WERE TAKEN OF THE CONTAINERS, LABELS, AND LABELING (INCLUDING MANUALS, SUCH AS OPERATING, OWNERS, AND INSTRUCTION) FOR EACH OF THE PRODUCTS PACKAGED FOR DISTRIBUTION AT THE FACILITY OUTLINED IN SECTION IV OF THE CAFO. IN ADDITION, SALES AND SHIPPING RECORDS FOR THE PERIOD BETWEEN JULY 2021 AND AUGUST 2022 WERE COLLECTED FOR EACH OF THE PRODUCTS. ON APRIL 18, 2023, MARCH 14, 2024, AND MARCH 18, 2024, THE EPA PERFORMED REVIEWS OF RESPONDENT?S WEBSITE. THE EPA?S REVIEW OF THE PHOTOGRAPHS FROM THE INSPECTION, AS WELL AS REVIEWS OF RESPONDENT?S WEBSITE SUBSEQUENT TO THE INSPECTION, SHOWED THAT PESTICIDAL CLAIMS WERE BEING MADE ON THE LABELS AND/OR LABELING FOR THE PRODUCTS
THE EPA ALLEGES THE FOLLOWING VIOLATIONAS BY RESPONDENT AS OUTLINED IN SECTION IV OF THE CAFO:
- VIOLATION OF SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY DISTRIBUTING OR SELLING THE UNREGISTERED PESTICIDE, MOLD BOMB PARTICULATE FOGGER, AS OBSERVED ON APRIL 18, 2023, AND MARCH 18, 2024.
- VIOLATION OF 12(A)(1)(B) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(B), BY DISTRI