ON MAY 22, 1991, RESPONDENT WAS HOLDING FOR SALE 2-POUND CONTAINERS OF CHLORINE SWIMMING POOL ALGICIDE. THIS PRODUCT WAS BEING SOLD UNDER RESPONDENT'S COMPANY NAME AS BARTH VALLEY POOL SUPPLIES ALGI-90 SWIMMING POOL ALGICIDE. THE REGISTRANT FOR THIS PRODUCT IS ORTEX PRODUCTS OF CALIFORNIA, INC. (EPA REG. NO. 36284-4). RESPONDENT DID NOT HAVE A SUPPLEMENTAL DISTRIBUTION AGREEMENT OR ANY OTHER VALID AGREEMENT WITH ORTEX WHICH WOULD ALLOW THIS PRODUCT TO BE SOLD UNDER RESPONDENT'S COMPANY NAME. RESPONDENT DID NOT HOLD AN EPA REGISTRATION FOR A CHLORINE SWIMMING POOL ALGICIDE, AND WAS THEREFORE DISTRIBUTING AN UNREGISTERED PESTICIDE.