6/20/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,280, DUE WITHIN 30 DAYS. RESPONDENT IS DOW AGROSCIENCES, LLC, 9330 ZIONSVILLE ROAD, INDIANAPOLIS, INDIANA. ON OR ABOUT APRIL 19, 2004, EPA REGION 4 RECEIVED A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES FORM PERTAINING TO THE IMPORTATION OF (55)-200 LITER DRUM OF PROLEX INSECTICIDE BY DOW AGROSCIENCES FROM DENMARK AND DESTINED FOR HELENA CHEMICAL CO., CORDELE, GA.
ON MAY 6, 2004, AN IMPORT INSPECTION WAS CONDUCTED BY THE GEORGIA DEPARTMENT OF AGRICULTURE (GADA) AT HELENA CHEMICAL CO. AS AN AUTHORIZED REPRESENTATIVE OF EPA, GADA DOCUMENTED AND COLLECTED RECORDS FOR THE APRIL 2004 IMPORTATION OF PROLEX. ON OR ABOUT MAY 28, 2004, EPA REGION 4 RECEIVED A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES FORM PERTAINING TO THE IMPORTATION OF (72)-200 LITER DRUMS OF PROLEX INSECTICIDE BY DOW AGROSCIENCES FROM DENMARK AND DESTINED FOR HELENA CHEMICAL CO., CORDELE, GA. ON JUNE 2, 2004, EPA REGION 4 CONDUCTED AN INSPECTION OAT WORLDWIDE FLIGHT SERVICE AND BDP INTERNATIONAL NEAR THE ATLANTA AIRPORT. AN EPA INSPECTOR DOCUMENTED THE SHIPMENT OF PROLEX AND COLLECTED RECORDS FOR THE MAY 2004 IMPORTATION OF PROLEX. IN BOTH INSPECTIONS, THE PRODUCT LABELS FOR PROLEX INSECTICIDE WERE MISBRANDED, TO INCLUDE BY MAY NOT BE LIMITED TO, LABELS MISSING THE EPA REGISTRATION NUMBER, DIRECTIONS FOR USE HEADING, AND RESTRICTED USE PESTICIDE HEADING.
EPA FORMALL REGISTERED GAMMA-CYHALOTHRIN TECHNICAL, EPA REG. NO