11/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $31,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT VOLUNTARILY DISCLOSED TO EPA REGION BY ELECTRONIC MAIL ON MARCH 27, 2009 AND BY LETTER DATED APRIL 2, 2009. RESPONDENT DETERMINED THAT THE CONTAINERS OF CRUISERMAXX CEREALS WERE UNDER FILLED AND SHIPPED AT LEAST EIGHT TIMES TO DISTRIBUTORS IN MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA AND MONTANA. ACCORDING TO SECTION 2(q)(1)(A) OF FIFRA, 7 U.S.C SECTION 136(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING. RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA, ON AT LEAST EIGHT SEPARATE OCCASIONS.