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Enforcement Action Summary Fiscal Year 2002
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Akrochem
Corporation
Baxter, Robert
Lafayette Pharmaceuticals
Menco Corporation
Regional Administrator Signs CAFO Resolving Alleged FIFRA Violations by Revlis Corporation and Akrochem Corporation
IMPACT: On July 2, 2002, the Regional Administrator signed a consent agreement and final order (CAFO) resolving alleged violations of Section 12(a)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The CAFO requires the respondents to pay a combined civil penalty of $ 48,600.
BACKGROUND: On May 31, 2002, Region 5 filed an administrative complaint alleging that Revlis Corporation and Akrochem Corporation, who share common building space in Akron, Ohio, violated FIFRA by selling or distributing an unregistered pesticide on thirteen occasions between March 22, 1999, and October 12, 2000. Upon receipt of a notice of violation in August 2001, the companies altered the label of the product in question to come into immediate compliance with FIFRA requirements. The CAFO provides for payment of a civil penalty of $ 48,600.
CONTACT: James Morris Multi-Media Branch I, Section 3 (312) 886-6632
Region V enters into a Joint Complaint
and Consent Agreement and Final Order Resolving violations of Section
3, 7, and 8 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), 7 U.S.C. §§ 136A, 136E, and 136 by Robert Baxter
D/B/A Nala Bary Laboratories, Palm Desert California
IMPACT:On June 18, 2002, the Regional Administrator, U.S. EPA Region 5, signed a Joint Complaint and Consent Agreement and Final Order (CAFO) under Section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §136l, pursuant to which Robert Baxter d/b/a/ Nala Barry Laboratories agreed to pay a civil penalty of $100.00, reduced from $56,100 due to inability to pay, and submit a certification that it is in compliance with FIFRA and is not selling or distributing any pesticidal products that are required to be registered.
BACKGROUND: U.S. EPA inspections at two PETSMART Inc. locations revealed that Robert Baxter d/b/a/ Nala Barry Laboratories sold or distributed six unregistered pesticides, which were intended to repel dogs and/or cats, to PETSMART on at least ten occasions. The products were "Pet Organics No Stay! Furniture Spray for Dogs," "Pet Organics No Stay Furniture Spray," "Pet Organics No Stay! Furniture Spray for Cats," "Pet Organics No Dig! Lawn and Yard Spray," "Pet Organics Pet Stopper Spray for Plants and Shrubbery," and "Pet Organics No Scratch for Cats." Additionally, Robert Baxter d/b/a/ Nala Barry Laboratories sold a product with a pesticidal claim called "Smoke Odor Killer Spray" on at least one occasion and failed to register its establishment that produced pesticides. U.S. EPA informed Robert Baxter d/b/a/ Nala Barry Laboratories that it intended to seek a civil penalty of approximately $56,100. Robert Baxter raised an inability to pay argument and submitted tax forms and other financial information. Additionally, Robert Baxter is reimbursing PETSMART, Inc., the $42,322.50 penalty that it paid to U.S. EPA pursuant to a CAFO for PETSMART, Inc.'s sale and/or distribution of Respondent's products, Docket No. FIFRA-05-2001-0026. After discussions with U.S. EPA, Robert Baxter started to use new product labels that were exempt from the requirement to register the products pursuant to 40 C.F.R. § 152.25. These new labels were also placed on the products being sold at PETSMART Inc. U.S. EPA determined that Robert Baxter d/b/a/ NAA Barry Laboratories had no ability to pay a penalty and therefore settled the alleged violations for a penalty of $100 and a requirement that Robert Baxter submit a certification stating that he was in compliance with FIFRA. The Joint Complaint and CAFO was filed with the Regional Hearing Clerk on June 20, 2002. Robert Baxter d/b/a/ NAA Barry Laboratories submitted the $100 penalty and certification on July 16, 2002.
CONTACT: Robert H. Smith Multi-Media Branch II (312) 886-0765
Region 5 Enters into a Consent Agreement
and Final Order Resolving Violations of the Federal Insecticide,
Fungicide, and Rodenticide Act by Lafayette Pharmaceuticals, Lafayette,
Indiana
IMPACT: On October 15, 2001, U.S. EPA, Region 5 entered into a Consent Agreement and Final Order (CAFO) resolving claims against Lafayette Pharmaceuticals Inc. (Lafayette), for violations of Section 12(a)(1)(A) of FIFRA. The total settlement is $17,600 for four counts of selling a cancelled pesticide product. A Complaint and CAFO was filed simultaneously commencing and concluding the proceeding pursuant to 40 C.F.R. § 22.13(b).
BACKGROUND: Lafayette was listed by the primary registrant of the pesticide product as a supplemental distributor. In 1997, the primary registrant voluntarily cancelled the U.S. EPA registration number. The primary registrant notified Lafayette that it intended to cancel the pesticide and that any existing stocks had to be sold before the final distribution date in U.S. EPA's cancellation order. Lafayette sold the pesticide after the final distribution date in violation of Section 12(a)(1)(A) of FIFRA.
U.S. EPA proposed a penalty of $22,000 for four counts of selling the cancelled pesticide. Pre-filing negotiations resulted in a settlement of $17,600, a reduction in the penalty of $4,500, based upon Lafayette's cooperation during the investigation and settlement discussions. The settlement represents a 20% reduction for good faith and is justified under the Enforcement Response Policy for FIFRA. In addition to payment of the penalty, the CAFO requires Respondent to comply with FIFRA in the future.
Case Contact: Craig Melodia Multi-Media Branch II (312) 353-8870
Region 5 Enters into a Consent Agreement and Final Order Resolving Violations
of the Federal Insecticide, Fungicide, and Rodenticide Act by Menco
Corporation
IMPACT: On February 13, 2002, U.S. EPA Region 5 entered into a Consent Agreement and Final Order (CAFO) in the matter of Menco Corporation (Menco) in Hillsdale, Michigan, for violations of Sections 12(a)(1)(A) and 12(a)(2)(L) of FIFRA. The total settlement is $13, 200 for two counts of selling or distributing a pesticide not registered with U.S. EPA, and for producing pesticides in an establishment not registered with U.S. EPA. A Complaint and CAFO was filed simultaneously commencing and concluding the proceeding pursuant to 40 C.F.R. § 22.13(b).
BACKGROUND: In an inspection conducted by the Michigan Department of Agriculture, inspectors found Menco to have sold or distributed two pesticide products which were not registered with U.S. EPA, which is a violation of Section 12(a)(1)(A) of FIFRA. The inspectors also found that Menco was manufacturing pesticide products at its facility in Hillsdale, Michigan, without first having the facility registered with U.S.EPA, which is violation of Section 12(a)(2)(L) of FIFRA. U.S. EPA proposed a penalty of $16,500, which was mitigated to $13,200, based on Menco's cooperation during the investigation and settlement discussions. The settlement represents a 20% reduction for good faith and is justified under the Enforcement Response Policy for FIFRA.
CASE CONTACT: Mark Palermo Multi-Media Branch I (312) 886-6082