Two Enforcement Actions Issued: 11/16/2012 - Gardner-fields and 2/26/2013 - IBC Manufacturing Company
Gardner-Fields (11/16/2012) On September 24, 2008, EPA Region conducted an inspection at Gardner-Fields, Inc. (GFI) in Tacoma Washington. Information collected during the inspection showed that GFI, under the direction and authorization from the registrant, IBC Manuafacturing (IBC), produced, distributed, and sold four wood preservatives will out-dated/misbranded labels. Under the Federal Insecticide Fungicide and Rodenticide Act wood preservatives are considered pesticide and must be registered with the EPA and be distributed and sold with proper labeling. After ensuring the products were appropriately labeled, EPA Region 10 worked with EPA headquarters to ensure other aspect of FIFRA were not being violated. This action settles GFI's libility in the violations outlined in EPA's September 27, 2012, Complaint. GFI agreed to pay a penalty of $35,336.00 for 153 separate sales of the four misbranded pesticides representing about 10% of the total penalty outlined in the September 27, 2012. The four products are ATCO Woodlast 1420 (EPA Reg. No. 1022-491-3486), ATCO Woodlast 2c 1423 (EPA Reg. No. 1022-522-3486), ATCO Woodlast 2 RTU 1422 (EPA Reg. No. 1022-518-3486), and ATCO Shakelast 1441 (EPA Reg. No. 1022-518-3486).
IBC Manufacturing (2/26/2013): On February 26, 2013, Region 10 filed a Consent Agreement and Final Order (CAFO) with IBC Manufacturing Company (IBC)