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R. LEE PAYNE & SONS, INC.

Administrative - Formal · FY2024 · — · Final Order With Penalty · 3604096023

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Penalty
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Cost recovery
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Compliance action

Case

Case Number
03-2024-0085
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
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Self-disclosure
N

Defendants (1)

Summary

On August 22, 2024, EPA Region 3 entered into a Consent Agreement and Final Order with R. LEE PAYNE & SON, INC. ( R. Lee Payne or Respondent ) alleging violations of FIFRA and its implementing regulations. On June 25, 2021, acting as an authorized FIFRA inspector for the EPA, the Virginia Department of Agriculture and Consumer Services ( VDACS ) conducted an announced, routine, federal FIFRA producer establishment inspection ( PEI ) at R Lee Payne & Sons manufacturing facility (EPA Est. No. 68776-VA-001), located at 571-A James Madison Highway, Culpeper, VA, 22701 (the Facility ). On July 14, 2022, VDACS conducted a follow-up, unannounced federal FIFRA for cause PEI at the Facility in connection with the suspected sale/distribution of a misbranded pesticide. Based upon the information collected during the June 25, 2021 and July 14, 2022 PEI, EPA determined that Respondent made 768 sales/distributions of the EPA registered pesticide Liquid Clear Shock (EPA Reg. No. 550-198-68776) during the period from July 13, 2021 to March 31, 2022, with misbranded labels, in violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E), in that the product labels were missing a complete Directions for Use and the net weight contents. The Consent Agreement includes a $65,000 penalty. The facility is located in a potential EJ area of concern. This enforcement action furthers FIFRA's purpose of promoting environmentally safe and effective pesticide use and prevents the potent

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