3/3/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,708, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT DEC 7, 2007, EPA CONDUCTED AN INSPECTION AT BREEZE SOUTH, LLC, 3960 W. NAVY BLVD #2, PENSACOLA, FL AND OBSERVED THE PESTICIDE PRODUCT HI-TEST BLEACH FOR SALE. DURING THE INSPECTION, INSPECTOR LEARNED THAT THE PRODUCT HI-TEST BLEACH WAS MANUFACTURED BY AND PURCHASED FROM THE RESONDENT. RESPONDENT IS A SUPPLEMENTAL DISTRIBUTOR OF THE SODIUM HYPOCHLORIDE PRODUCT. HI-TEST BLEACH IS A DISTRIBUTOR PRODUCT, RESPONDENT IS THE SUPPLEMENTAL DISTRIBUTOR OF THIS PRODUCT, AS DESCRIBED IN 40 CFR 132. PURSUANT TO 40 CFR 152.132(d), SUPPLEMENTAL DISTRIBUTION IS PERMITTED IF, AMONG OTHER THINGS, THE LABEL OF THE DISTRIBUTOR PRODUCT IS THE SAME AS THAT OF THE REGISTERED PRODUCT. AT THE TIME OF THE INSPECTION, THE LABEL ON THE DISTRIBUTOR PRODUCT HI-TEST BLEACH DIFFERED FROM THAT OF THE REGISTERED PRODUCT. SPECIFICALLY, THE FOLLOWING STATEMENT HAD BEEN ADDED TO THE LABEL ON THE PESTICIDE HI=TEST BLEACH, FORMULATORS USING THIS PRODUCT ARE RESONSIBLE FOR OBTAINING EPA REGISTRATION OF THEIR FORMULATED PRODUCTS. THIS CHANGE IS NOT ALLOWED ACCORDING TO 40 CFR 152.132(d). UNDER FIFRA 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.