9/4/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $55,400.00 PENALTY WILL BE PAID IN THIRTY-SIX (36) INSTALLMENTS WITH THE FIRST PAYMENT DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
AUGUST 8, 2023, THE EPA RECEIVED FROM CLEMSON DEPARTMENT OF PESTICIDE REGISTRATION THE COPIES OF THE LABEL AND LABELING (I.E., ADVERTISING AND MARKETING MATERIALS) COLLECTED IN JULY AND AUGUST 2023 FOR THE MOSQUITO MAGICIAN PRODUCT. ON AUGUST 16, 2023, THE EPA CONDUCTED A REVIEW OF SPRINKLER MAGICIAN?S WEBSITE WHICH REVEALED THAT THE COMPANY WAS OFFERING FOR SALE MOSQUITO MAGICIAN ONLINE IN VARIOUS SIZES AND CONFIGURATIONS.
UPON REVIEW OF THE PRODUCT LABELS AND LABELING PROVIDED TO THE EPA, AND THE INFORMATION COLLECTED FROM THE WEBSITE, THE EPA OBSERVED PESTICIDAL AND PUBLIC HEALTH CLAIMS REGARDING THE PRODUCT AND THAT IT IS A 25(B) PRODUCT THAT QUALIFIES FOR EXEMPTION FROM REGISTRATION WITH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER FIFRA REGULATIONS. MOSQUITO MAGICIAN DOES NOT MEET THE REQUIREMENTS FOR EXEMPTION UNDER SECTION 25(B) OF FIFRA, 7 U.S.C. ? 136W(B) NOR QUALIFY AS A MINIMUM RISK PESTICIDE EXEMPT FROM FIFRA. ON FEBRUARY 27, 2024, SPRINKLER MAGICIAN SUBMITTED TO THE EPA SALES INVOICES SHOWING THE SALE OF MOSQUITO MAGICIAN, ON ONE OR MORE OCCASIONS, BETWEEN JANUARY 4, 2023, AND JULY 11, 2023.
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY SELLING AND DISTRIBUTING THE