12/9/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,321.
ORDER ALEGES:
ON OCTOBER 22, 2008, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE AFOREMENTIONED INSPECTION AQUA GUARD CHLORINATING SANITIZER, EPA REG. NO. 3458-23, WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT IN CONTAINERS BEARING A LABEL FOR AMERICAN BLUE POOL & SPA, INC., CHLORINATING SOLUTION EPA REG. NO. 51549-200002-84953.
AT THE TIME OF THE INSPECTION, RESPONDENT SOLD AND DISTRIBUTED AQUA GUARD CHLORINATING SANITZER UNDER THE BRAND NAME OF AMERICAN BLUE POOL AND SPA, INC., CHLORINATING SOLUTION.
PURSUANT TO SECTION 2(q)(1)(C), A PESTICIDE IS MISBRANDED IF IT IS AN IMITATION OF, OR IS OFFERED FOR SALE UNDER THE NAME OF ANOTHR PESTICIDE.
IN VIOLATION OF FIFRA SECTION 12(a)(1)(E).