9/25/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,360. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON MARCH 14, 2011, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY. DURING THE INSPECTION, A PRODUCT LABELED BITE FREE CITRONELLA LOTION WAS OBSERVED AT THE FACILITY.
THE PORTION OF THE LABEL ON THE BITE FREE CITRONELLA LISTED THE FOLLOWING INGREDIENTS FOR THE PROCUDT: PURIFIED WATER, MINERAL OIL, CITRONELLA OIL, CETYL ALCOHOL, PETROLATUM, DIMETHYLCONE, GLYCOL STEARATE, TRIETHANOLAMINE, METHYL PARABEN AND PROPYL PARABEN.
BITE FREE CITRONELLA LOTION IS A PESTICIDE AS THAT TERM IS DEFINED IN SECTIN 2(u)(1) OF FIFRA, IT IS NOT EXEMPT FOR THE REQUIREMENTS OF FIFRA. SECTION 3(a) OF FIFRA, PROHIBITS THE DISTRIBUTION OR SALE OF ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA.
DURING THE INSPECTION, A REPRESENTATIVE OF RESPONDENT PROVIDED THE INSPECTOR WITH EIGHT INVOICES INDICATING THAT RESPONDENT HAD SHIPPED MORE THAN 5,500 CASES CONTAINING FOUR OUNCE BOTTLES OF BITE FREE CITRONELLA LOTION.
THEREFORE, BITE FREE CITRONELLA LOTION WAS DISTRIBUTED OR SOLD BY RESPONDENT, AS THOSE TERMS ARE DEFINED IN SECTION 2(gg) OF FIFRA, ON AT LEAST EIGHT OCCASIONS.
THE BITE FREE CITRONELLA LOTION DISTRIBUTED OR SOLD BY RESPONDENT WAS NOT REGISTERED UNDER SECTION 3 OF FIFRA.
THEREFORE, RESPONDENT VIOLATED SECTION 12(a)(L)(A) OF FIFRA, ON AT LEAST EIGHT DIFFERENT OCCASIONS.