6/1/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A $1,828. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGATIONS:
ON OR ABOUT APRIL 13, 2007, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. PRIOR TO THE INSPECTION, EPA DETERMINED THAT RESPONDENT WAS ADVERTISING ITS PRODUCT LINE BLASTER FOR SALE ON THE INTERNET AND WAS MAKING PESTICIDAL CLAIMS FOR THE PRODUCT THAT INCLUDED, BUT WAS NOT LIMITED TO, REMOVES LEGIONNAIRES DISEASE, REMOVES ALL MICRO-ORGANISMS, AND CONTROLS ALGAE GROWTH.
DURING THE AFOREMENTIONED INSPECTION, THE PRODUCT LINE BLASTER' WAS IDENTIFIED AS BEING PRODUCED, SOLD, AND DISTRIBUTED BY THE RESPONDENT.
BASED UPON RESPONDENT'S INTERNET ADVERTISEMENT THAT MADE PESTICIDAL CLAIMS FOR LINE BLASTER PRIOR TO AND AT THE TIME OF THE INSPECTION, LINE BLASTER WAS A PESTICIDE AS DEFINED IN SECTION 2(u)OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.
SUBSEQUENT TO THE INSPECTION, EPA ISSUED A NOTICE OF VIOLATION (NOV) TO RESPONDENT ALLEGING THAT RESPONDENT HAD BEEN MAKING A PESTICIDAL CLAIMS FOR ITS PRODUCT LINE BLASTER , AND AS SUCH, WAS ILLEGALLY SELLING AN UNREGISTERED PESTICIDE.
IN RESPONSE TO EPA'S NOV, RESPONDENT HAS REMOVED THE PESTICIDAL CLAIMS FROM ITS WEBSITE FOR LINE BLASTER. AS A RESULT, THE PRODUCT LINE BLASTER, AS FORMULATED, IS NOT CURRENTLY CONSID