5/18/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,700. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT APRIL 23, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT BELLS FERRY ACE HARDWARE STORE, 6437 HWY. 92, ACWORTH, GEORGIA 30102. DURING THE AFOREMENTIONED INSPECTION, SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WAS OBSERVED AT THE FACILITY. THIS PRODUCT IS A MIXTURE OF A FERTILIZER AND REGALSTAR II AN EPA REGISTERED PESTICIDE ASSIGNED EPA REGISTRATION NUMBER 48234-15.
ON OR ABOUT APRIL 23, 2009, THE INSPECTOR OBTAINED EVIDENCE DOCUMENTING THE OFFER FOR SALE OF THE SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II ON THE COMPANY'S WEB-SITE. SANDMAN PROFESSIONAL TURF TOPDRESS FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCE INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II, IS AN UNREGISTERED PESTICIDE.
ON APRIL 23, 2009, RESPONDENT OFFERED FOR SALE SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II, AN UNREGISTERED PESTICIDE. UNDER SECTION 12(a)(1)(A) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SEL