3/22/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $41,850.
SPECIFIC ALLEGATIONS:
ON OR ABOUT DEC 16, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED AT 1400 BLUEGRASS PARKWAY, ALPHARETTA, GA.
DURING THE INSPECTION, THE REPRESENTATIVE NOTED THE FOLLOWING PRODUCTS WERE BEING SOLD OR DISTRIBUTED BY RESPONDENT: ROBARB PINK CURE AND ROBARB YELLO FREE. THE LABELS ON ROBARB PINK AND ROBARB YELLO FREE CONTAINED PESTICIDAL CLAIMS.
ON OR ABOUT AUG 6, 2010, EPA CONDUCTED A REVIEW OF RESPONDENT'S WEBSITE.
DURING THE REVIEW, EPA NOTED THE FOLLOWING PRODUCTS WERE OFFERED FOR SALE OR DISTRIBUTION ON RESPONDENT'S WEBSITE: ROBARB PINK CURE AND ROBARB YELLO FREE.
AT THE TIME OF THE AUG 6, 2010, REVIEW, THE ADVERTISING FOR ROBARB PINK CURE AND ROBARB YELLO FREE MADE CLAIMS THAT THESE PRODUCTS WERE ALGAECIDES, WHICH IS A PESTICIDAL CLAIM.
AT THE TIME OF THE INSPECTION AND REVIEW, ROBARB PINK CURE AND ROBARB YELLO FREE WERE NOT REGISTERED AS PESTICIDES WITH EPA.
PURSUANT TO FIFRA 12(a)(1)(A) IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA 3.
RESPONDENT VIOLATED FIFRA 12(a)(1)(A) BY SELLING AND DISTRIBUTING THE UNREGISTERED PESTICIDE ROBARB PINK CURE AS SET FORTH BELOW:
ORDER NO: DATE SHIPPED
312038 NOV 18, 2008
310737 NOV 7, 2008
311048 NOV 5, 2008
311114 NOV 5, 2008
311134 OCT 24, 2008
311042 OCT 23, 2008
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