1. SECTION 14(A) OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT ( FIFRA ), AS AMENDED, 7 U.S.C. SECTION 1361(A). 2. SMITH DIST. INC., A TEXAS CORPORATION 5912 H 34TH HOUSTON, HARRIS COUNTY, TEXAS 77092 3. RESPONDENT WAS IN VIOLATION OF SECTION 7(C) OF FIFRA BY FAILING TO FILE ITS ANNUAL PESTICIDE PRODUCTION REPORT BY MAR. 1, 1998, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 14(A) OF FIFRA, EPA PROPOSED A CIVIL PENALTY OF $5,500 FOR THE VIOLATION CITED.