Respondent applied the fumigant Vikane, along with Chloropicrin, a warning agent, at wooden home in Guaynabo, Puerto Rico,to eliminate an infestation of termites. Respondent applied Vikane through the tarpaulin fumigation method, in which a tarpaulin of highly resistant material is supposed to be used to seal a property, minimizing the escape of Vikane. The product's label sets out clear instructions for how the product is to be applied, including the securing of a tarpaulin and the display of a sign at the application site with the contact information for the applicator.
Under Section 12(a)(2)(G) of FIFRA, 7 U.S.C. § 136j(a)(2)(G), it is unlawful for any person to use any registered pesticide in a manner inconsistent with its labeling. Respondent cited for misuse of pesticides FIFRA 12(a)(2)(g).