9/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT NOVEMBER 16, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY.
AT THE TIME OF THE INSPECTION, THE RESPONDENT PROVIDED THE INSPECTOR WITH AN INVOICE DELIVERY TICKET, BILL OF LADING AND PUCHASE ORDER FOR EACH OF FOUR SHIPMENTS WHICH CONFIRED THAT RESPONDENT HAD SOLD AND/OR DISTRUBUTED THE PRODUCT SILPHITE, ON AT LEAST FOUR OCCASIONS.
THE LABEL ON THE SILPHITE PRODUCT BORE THE CLAIM THAT DISEASE PRESSURE IS THEREBY REDUCED, INCREASING CELL WALL TURGIDITY AND THICKNESS, THRU SYSTEMATICALLY ACQUIRED RESISTANCE (SAR) AND INDUCED RESISTANCE (IR) . THE STATEMENT ON THE LABEL CONCERNING DISEASE RESISTANCE IMPARTED TO A PLANT IS CONSIDERED A PESTICIAL CLAIM.
PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE UNITED STATES ARE REQUIRED TO BE REGISTERED WITH THE EPA, PURSUANT TO SECTION 3 OF FIFRA, 7 U.S.C. SECTION 136a.
AT THE TIME OF THE INSPECTION, SILPHITE WAS NOT REGISTERED AS A PESTICIDE WITH EPA.
RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA.