2/5/2026 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $9,180.00.00. PENALTY TO BE PAID WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON MAY 8, 2025, THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY, WHICH IS AN EPA-REGISTERED PESTICIDE PRODUCING ESTABLISHMENT ASSIGNED EPA ESTABLISHMENT NUMBER 92031-GA-L. DURING THE INSPECTION, THE INSPECTOR COLLECTED THE LABEL AND TWO SALE AND DISTRIBUTION RECORDS FROM OCTOBER 20, 2023, AND MARCH 15, 2024, OF ISO-10 (EPA REG. NO. 92031-1). AT THAT TIME, RESPONDENT STATED THAT THE COLLECTED LABEL WAS AN ACCURATE REPRESENTATION OF THE LABEL ON THE ISO-10 PACKAGE FOR WHICH THE TWO SALE AND DISTRIBUTION RECORDS WERE COLLECTED.
BASED ON THE EPA'S REVIEW OF THE LABELING, SPECIFICALLY THE LSOKLEAN WEBSITE, RESPONDENT MADE FALSE OR MISLEADING CLAIMS CONCERNING THE EFFECTIVENESS OF THE PESTICIDE, REPRESENTATIONS COMPARING THE PESTICIDE TO OTHER PESTICIDES, TRUE STATEMENTS GIVING A FALSE OR MISLEADING IMPRESSION, AND CLAIMS AS TO THE SAFETY OF THE PESTICIDE, ALL OF WHICH ARE STATEMENTS AND REPRESENTATIONS PROHIBITED UNDER 40 C.F.R. ? 156.10(A)(5)(II), (IV), (VII) AND (IX).
THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(E), BY DISTRIBUTING OR SELLING A MISBRANDED PESTICIDE ON MULTIPLE OCCASIONS BETWEEN OCTOBER 20, 2023, AND MARCH 15, 2024, AND VIOLATED SECTION 12(A)(L)(B), 7 U.S.C. ? 136J(A)(L)(B), BY DISTRIBUTING OR SELLING A PESTICIDE WI