5/25/04 - COMPLAINT/CAFO ISSUED, ASSESSING A PENALTY OF $2,500, DUE WITHIN 30 DAYS.
VIOLATIONS:
DESTROY BLACK MOLD REMOVER WAS NOT REGISTERED AS A PESTICIDE WITH EPA. ACCORDING TO FIFRA 12(a)(1)(A), IT IS A VIOLATION FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS NOT REGISTERED UNDER SECTION 3 OF FIFRA.
AT THE TIME OF THE INSPECTION, DESTROY BLACK MOLD REMOVER BORE A LABEL WHICH FAILED TO INCLUDE INFORMATION REQUIRED BY EPA INCLUDING, BUT NOT LIMITED TO, ADEQUATE DIRECTIONS FOR USE, AN EPA ESTABLISHMENT NUMBER, AND AN INGREDIENT STATEMENT. ACCORDING TO FIFRA SECTION 2(q)(1)(F), A PESTICIDE IS MISBRANDED IF IT DOES NOT CONTAIN DIRECTIONS FOR USE WHICH ARE NECESSARY FOR EFFECTING THE PURPOSE FOR WHICH THE PRODUCT IS INTENDED AND ARE ADEQUATE TO PROTECT HEALTH AND THE ENVIRONMENT. ACCORDING TO FIFRA 2(q)(1)(D), A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT BEAR THE REGISTRATION NUMBER ASSIGNED UNDER SECTION 7 TO EACH ESTABLISHMENT IN WHICH IT WAS PRODUCED.
ACCORDING TO FIFRA SECTINO 2(q)(2)(a), A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT BEAR AN INGREDIENT STATEMENT.
ACCORDING TO FIFRA 12(a)(1)(E), IT IS A VIOLATION FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED