10/24/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,355. RESPONDENT SHALL MAKE PAYMENT WITHIN. RESPONDENT SHALL MAKE FOUR PAYMENTS, THE FIRST PAYMENT IS DUE BY OCTOBER 31, 2012. AND THE SUBSEQUENT THREE PAYMENTS SHALL BE DUE IN 90 DAY INTERVALS THEREAFTER.
ORDER ALLEGES:
AT THE TIME OF THE INSPECTION, RESPONDENT'S BUSINESS INCLUDED DISTRIBUTING OR SELLING PESTICIDES. THE TERM TO DISTRIBUTE OR SELL AS DEFINED BY SECTION 2(gg) OF FIFRA, 7.U.S.C SECTION 136(gg), INCLUDES TO DISTRIBUTE, SELL, OFFER FOR SALE, HOLD FOR DISTRIBUTION, HOLD FOR SALE, HOLD FOR SHIPMENT, SHIP, DELIVER FOR SHIPMENT, OR RELEASE SHIPMENT.
PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE UNITED STATES ARE REQUIRED TO BE REGISTERED WITH THE EPA PURSUANT TO SECTION 3 OF FIFRA.
AT AND PRIOR TO THE TIME OF THE INSPECTION, BED BUG POWDER WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA.
RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, ON AT LEAST ONE OCCASION.
AT THE TIME OF THE INSPECTION, RESPONDENTS WEBSITE AT WWW.BEDBUGPOWDER.COM, HAD STATEMENTS OR REPRESENTATIONS WHICH CONSTITUTE MISBRANDING AS DESCRIBED IN 40 C.F.R. 156.10(a)(5)(v). THESE STATMENTS INCLUDES BED BUG POWDER IS EPA APPROVED,: AND THE EPA SEAL (LOGO), IMPLYING THAT BED BUG POWDER IS RECOMMENDED OR ENDORSED BY THE FEDERAL GOVERNMENT.
RESPONDENT VIOLATION SECTION 12(a)(1)(E) OF FIFRA.
AT THE TIME OF THE INSPECTION, RESPONDENT WAS PRODUCING BED BUG POWDER IN AN ESTABLISHMENT THAT WAS NOT