8/21/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $500, DUE IN INSTALLMENTS. THE FIRST INSTALLMENT OF $128.93 DUE ON AUGUST 1, 2008 OR WITHIN 30 DAYS, WHICHEVER IS LATER. THE REMAINING 3 INSTALLMENT PAYMENTS WILL BE MADE AS FOLLOWS:
DEC 1, 2008 - $128.93;
APR 1, 2009 - $128.93;
AUG 1, 2009 - $128.93.
ON OR ABOUT DEC 8, 2005, EPA CONDUCTED AN INSPECTION AT WAL-MART STORE #99, 1445 CENTRAL UNION, MO 63084. DURING THE INSPECTION, THE PRODUCT WIZARD LIZARD MOSQUITO REPELLANT WAS IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY RESPONDENT. ON JAN 5, 2006, EPA CONDUCTED AN INSPECTION AT PARCO MEDICAL, 104 ANN PLACE, DOTHAN, AL 36301. DURING THE INSPECTION, PARCO MEDICAL ADMITS THAT THE COMPANY PRODUCED THE PRODUCT WIZARD LIZARD REPELLANT. WIZARD LIZARD MOSQUITO REPELLANT IS A PESTICIDE AS DEFINED IN FIFRA SECTION 2(u). A THE TIME OF THE INSPECTIONS, THE WIZARD LIZARD MOSQUITO REPELLANT WAS NOT REGISTERED AS A PESTICDE WITH EPA. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(A). AT THE TIME OF THE INSEPCTION RESPONDENT PRODUCED WIZARD LIZARD MOSQUITO REPELLANT IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT, IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).