3/3/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,805, DUE WITHIN 30 DAYS. ON OR ABOUT MAY 16, 2007, AN AUTHORIZED REP OF EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, RESPONDENT HAD FAILED TO MAKE THE LABELING CHANGES TO THE POOL STORE BLEACH LABEL AS REQUIRED BY EPA'S CONDITIONAL REGISTRATION NOTICE DATED AUGUST 10, 2005. IN PARTICULAR, RESPONDENT FAILED TO REVISE THE LABEL BY DECLARING THE PERCENTAGE OF AVAILABLE CHLORINE ON THE LABEL BELOW THE INGREDIENT STATEMENT. ACCORDING TO FIFRA 12(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABEL IS FALSE OR MISLEADING IN ANY PARTICULAR. UNDER FIFRA SECTION 12(a)(1)(E) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOALTED FIFRA SEC 12(a)(1)(E) ON AT LEAST ONE OCCASION.