5/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,800, (PLUS INTEREST) DUE IN FIVE INSTALLMENT PAYMENTS. THE FIRST PAYMENT ($1,563.59) IS DUE WITHIN 30 DAYS. THE SUBSEQUENT 4 PAYMENTS SHAL BE DUE IN 30 DAY INTERVALS THEREAFTER.
SPECIFIC ALLEGATIONS:
ON OR ABOUT APR 4, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, RID-A-BUG CONCENTRATED HOME INSECT KILLER WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT. RID-A-BUG IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH THE EPA. THE EPA REGISTRATION NUMBER FOR RID-A-BUG WAS CANCELED ON OR ABOUT SEPT 12, 2001. AT THE TIME OF THE INSPECTION, RID-A-BUG WAS NOT REGISTERED AS A PESTICIDE WI8TH EPA. THE INSPECTOR DOCUMENTED AS LEAST TWO OFFERS FOR SALE AND/OR DISTRIBUTION OF RID-A-BUG. AS PART OF THE INVESTIGATION, THE INSPECTOR INTERVIEWED AN INDIVIDUAL WHO PURCHASED THE PRODUCT AT KNOXVILLE SEED AND GREENHOUSE SUPPLY CORP. ON OR ABOUT MARCH 16, 2008. AT THE TIME OF THE APR 4, 2008 INSPECTION, THE PRODUCT WAS OFFERED FOR SALE ON DISPLAY SHELVES AT RESPONDENT'S FACILITY.
UNDER FIFRA SECTION 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL OR ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SECTION 3 OR WHICH HAS BEEN CANCELED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) ON AT LEAST TWO OCCASIONS.