5/4/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT DECEMBER 18, 2009, AN INSPECTOR, DULY APPOINTED BY THE EPA ADMINISTRATOR, REVIEWED RESPONDENT'S WEBSITE WWW.NOMOREFLEASPLEASE.COM. DURING THE AFOREMENTIONED REVIEW, THE INSPECTOR OBSERVED THE REGISTERED PESTICIDE FRONTLINE PLUS OFFERED FOR SALE AS 3 MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES DESCRIBED AS ONE HALF OF A 6 PACK. THESE PRODUCTS ARE NOT SOLD IN THEIR COMPLETE ORIGINAL PACKAGING.
AT THE TIME OF THE INSPECTION, THE 3 MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS WERE OFFERED FOR SALE BY RESPONDENT. AT THE OF THE INSPECTION, THE 3 MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES WERE NOT REGISTERED AS PESTICIDES WITH EPA. RESPONDENT VIOLATED SECTION 12(a)(1)(A).
THE KITS AND THE 3 MONTH FRONTLINE PLUS/EPA NO BOX WERE MISBRANDED IN THAT THE WEBSITE LABELING CONTAINED A GRAPHIC REPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIES RECOMMENDATION OR ENDORSEMENT BY AN AGENCY OF THE FEDERAL GOVERNMENT. RESPONDENT VIOLATED SECTION 12(a)(1)(E).
AT THE TIME OF THE INSPECTIONS, RESPONDENT PRODUCED PESTICIDES IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCTING ESTABLISHMENT. RESPONDENT VIOLATED SECTION 12(a)(2)(L).