10/13/09 = CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,265, DUE WITHIN 30 DAYS.
SPECIFIC ALLEGATIONS:
ON OR ABOUT MAY 17, 2007, AN AUTHORIZED REPRESENTATIVE OF EPA CONDUCTED AN INSPECTION AT DOLLAR GENERAL STORE #880, 704 EAST STREET, PITTSBORO, NC. DURING THE INSPECTION, THE PRODUCT ANTI-BACTERIAL WIPES WAS IDENTIFIED AS BEING OFFERED FOR SALE BY THE RESPONDENT. AT THE TIME OF THE INSPECTION, ANTI-BACTERIAL WIPES MADE PESTICIDAL CLAIMS ON THE PRODUCT LABEL AND WAS NOT REGISTERED AS A PESTICIDE WITH EPA. UNDER FIFRA SEC 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) ON AT LEAST ONE OCCASION AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF CIVIL PENALTIES UNDER FIFRA SEC 14.