3/31/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $472. ON OR ABOUT AUG 12, 2009, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE INSPECTOR OBTAINED THE LABEL USED BY RESPONDENT IN CONNECTION WITH THE DISTRIBUTION AND/OR SALE OF PRENTOX PERM-X UL 30-30. THE LABEL LACKED THE FOLLOWING REQUIRED PRODUCT INFORMATION:
- PRODUCT REGISTRATION NUMBER;
- PRODUCING ESTABLISHMENT NUMBER;
- NET WEIGHT OR MEASURE OF THE PRODUCT CONTENTS;
- INGREDIENT STATEMENT;
- DIRECTIONS FOR USE;
- FIRST AID STATEMENT; AND
- HUMAN HAZARD AND PRECAUTIONARY STATEMENTS.
PURSUANT TO FIFRA SEC 2(q)(2)(C), A PESTICIDE IS MISBRANDED IF THERE IS NOT A LABEL AFFIXED TO THE PESTICIDE CONTAINER THAT PROVIDES THE INFO REQUIRED BY FIFRA AND ITS IMPLEMENTING FEDERRAL REGULATIONS.
UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED.
RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 8 OCCASIONS.
AT THE TIME THAT RESPONDENT PRODUCED THE PRENTOX PERM-X UL 30-30, RESPONDENT WAS NOT REGISTERED WITH THE ADMINSTRATOR OF THE EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT.
UNDER FIFRA 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA AS SET OF SEC 7 OF FIFRA.
RESPONDENT VIOLATED FIFRA 12(a)(2)(L).