4/11/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,875.
ALLEGATIONS: PRIOR TO 2/10/05, MMI TREATED SINGLE-PERSON TENTS COVERED WITH NETTING, REFERRED TO AS TENTING, WITH INSPECT/ARTHROPOD REPELLENT TREATMENT FOR MILITARY BATTLE DRESS UNIFORM FABRIC , A REGISTERED PESTICIDE WITH EPA REGISTRATION NO. 63120-2.
RESPONDENT TREATED THE TENTING WITH THE REGISTERED PESTICIDE TO REPEL OR MITIGATE MOSQUITOES AND OTHER INSECTS.
AFTER TREATMENBT, RESPONDENT SOLD THE TENTING TREATED WITH THE REGISTERED PESTICIDE TO THE MILITARY.
ON OR ABOUT FEBRUARY 10, 2005, RESOPNDENT DISCOVERED THE LABEL ON THE REGISTERED PESTICIDE INSPECT/ARTHROPOD REPELLENT TREATMENT FOR MILITARY BATTLE DRESS UNIFORM FABRIC DID NOT BEAR DIRECTIONS FOR USE ON TENTS OR TENTING PRODUCTS.
ON OR ABOUT MARCH 3, 2005, MMI DISCLOSED IN WRITING TO EPA THE VIOLATION OF USING A REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING.
PURSUANT TO SECTION 12(a)(2)(G) OF FIFRA, RESPONDENT IS REQUIRED TO USE A PESTICIDE IN A MANNER CONSISTENT WITH ITS LABELING.
THE LABELING ON THE REGISTERED PESTICIDE INSPECT/ARTHROPOD REPELLENT TREATMENT FOR MILITARY BATTLE DRESS UNIFORM FABRIC USED BY THE RESPONDENT DOES NOT INCLUDE TREATMENT OF TENTING AS ONE OF ITS AUTHORIZED USES.
THEREFORE, EPA ALLEGES RESPONDENT VIOLATED SECTION 12(a)(2)(G) OF FIFRA.
WHEN RESPONDENT APPLIED THE REGISTERED PESTICIDE, RESPONDENT PRODUCED A PESTICIDE AS THOSE TERMS ARE DEFINED AT SECTION