6/22/11 - CONSENT AGME AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2830.
ALLEGATIONS:
ECO-KEEPER IS A BED BUG MONITOR GLUE TRAP INTENDED TO MONITOR AND TRAP BED BUGS IN AROUND FURNITURE.
RESPONDENT'S NOA DID NOT INDICATE ANY ASSIGNED EPA PRODUCER ESTABLISHMENT NUMBER FOR THE FOREIGN MANUFACTURER IN CHINA.
RESPONDENT HAS ACKNOWLEDGE THAT THE FOREIGN MANUFACTURER IN CHINA DID NOT HAVE AN EPA PRODUCING ESTABLISHMENT NUMBER.
RESPONDENT'S NOA INDICATED 87748-GA-001 FOR EPA REGISTRATION NUMBER (BLOCK 4); THIS IS NOT VALID FOR AN EPA PRODUCT REGISTRATION NUMBER.
ON APR 15, 2011, EPA DENIED ENTRY OF THE ECO-KEEPER DEVICES. THESE DEVICES ARE CURRENTLY BEING HELD AT THE PORT OF ATLANTA PENDING RELEASE UNDER THE TERMS OF THIS SETTLEMENT.
ECO-KEEPER IS A PESTICIDAL DEVICE AS DEFINED IN FIFRA 2(h).
IT IS UNLAWFUL ACCORDING TO FIFRA 12(a)(1)(F) FOR ANY PERSON TO DISTRIBUTE OR SELL ANY DEVICE WHICH IS MISBRANDED.
MISBRANDED INCLUDES LABELING THAT DOES NOT BEAR THE REGISTRATION NUMBER ASSIGNED UNDER FIFRA SEC 7 TO EACH ESTABLISHMENT IN WHICH IT WAS PRODUCED.
RESPONDENT VIOLATED FIFRA 12(a)(1)(F).