9/1/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,895. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT SEPTEMBER 15, 2008, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED AT 534 cr 529 a, LAKE PANASOFFKEE, FLORIDA.
DURING THE INSPECTION, FORMULA REPEL AND FORMULA INFILTRATE WERE IDENTIFIED AS BEING SOLD AND DISTRIBUTED BY UNITED AGRICULTURAL SERVICES OF AMERICA, INC.
THE LABEL FOR FORMULA REPEL MADE PESTICIDAL CLAIMS THAT STATED AN ALL NATURAL BIOCHEMICAL FORUMULATION DESIGNED TO MINIMIZE CROP DAMAGE THAT MAY BE CAUSED BY INSECTS. A SPECIAL COMPLEX FORMULA OF FRUCTOSE AND COMPLEX CARBOHYDRATES THE NATURALLY OCCURRING SUGARS THAT WILL INCREASE PLANT ENERGY. PLANTS WITH HIGH ENERGY LEVEL ARE ABLE TO SET UP A PROTECTIVE BARRIER ENABLING THE PLANT TO BLOCK PARASITIC INSECTS WITHOUT UPSETTING BENEFICIAL INSECTS. THE NAME OF THE PRODUCT REPEL IS ALSO A PESTICIDAL CLAIM.
AT THE TIME OF INSPECTION, FORMULA REPEL, AND FORMULA INFILTRATE WERE NOT REGISTERED AS PESTICIDES WITH THE EPA. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).
AT THE TIME OF INSPECTION, FORMULA REPEL, AND FORMULA INFILTRATE IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE PRODUCING ESTABLISHMENT. IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).