5/25/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $5,850, DUE IN 4 INSTALLMENT PAYMENTS ($1,471.65). THE FIRST PAYMENT IS DUE IN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER.
SPECIFIC ALLEGATIONS:
ON OR ABOUT JAN 9, 2007, EPA CONDUCTED AN INSPECTION AT WACON TECHNICAL SERVICES. DURING THE INSPECTION, SDA 13 WAS IDENTIFIED AS BEING REPACKAGED, SOLD, AND DISTRIBUTED BY THE RESPONDENT. THE LABEL INCLUDED EPA REGISTRATION NUMBER 148-1288-48130.
AT THE TIME OF THE INSPECTION, THE SDA 13 LABEL WAS MISBRANDED IN THAT THE FINAL PRINTED LABELING WAS NOT QUALIFIED BY APPROPRIATE WORDING SUCH AS PACKED FOR, DISTRIBUTED BY, OR SOLD BY, AFTER THE NAME OF THE PERSON FOR WHOM THE PESTICIDE WAS PRODUCED TO SHOW THAT THE NAME WAS NOT THAT OF THE PRODUCER IN ACCORDANCE WITH 40 CFR 156.10(c), A REGULATION PROMULGATED PURSUANT TO FIFRA.
PURSUANT TO FIFRA SEC 2(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABEL IS FALSE OR MISLEADING IN ANY PARTICULAR.
UNDER FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED.