2/12/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,350, PLUS INTEREST, DUE IN 8 INSTALLMENT PAYMENTS. FIRST PAYMENT DUE WITHIN 30 DAYS. SUBSEQUENT SEVEN PAYMENTS SHALL BE DUE IN 90-DAY INTERVALS THEREAFTER. FINAL PAYMENT IS DUE WITHIN 660 DAYS.
ALLEGATIONS:
ON OR ABOUT AUG 2, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY.
DURING THE INSPECTION, THE PRODUCT CHEN & FRIENDS ROACH-A-CIDE WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY RESPONDENT.
RESPONDENT WAS REPACKAGING THE REGISTERED PESTICIDE AMVAC ORTHENE TURF, TREE & ORNAMENTAL 97 SPRAY, A PESTICIDE WITH EPA REGISTRATION NO. 5481-8978, INTO 4 OZ BOTTLES AND RELABELING PRODUCT CHEN & FRIENDS ROACH-A-CIDE.
CHEN & FRIENDS ROACH-A-CIDE IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST.
PURSUANT TO FIFRA SEC 3, PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH EPA.
AT THE TIME OF INSPECTION, CHEN & FRIENDS ROACH-A-CIDE WAS REGISTERED AS A PESTICIDE WITH EPA.
THE INSPECTOR DOCUMENTED AT LEAST 22 OFFERS FOR SALE AND/OR DISTRIBUTION OF SAID PESTICIDE.
UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA 3.
RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(A) ON AT LEAST 22 OCCASIONS.
AT THE TIME OF THE INSPECTION, RES