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Note: This information is provided for reference purposes only. Although the information provided here was accurate and current when first created, it is now outdated. |
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Note: This information is provided for reference purposes only. Although the information provided here was accurate and current when first created, it is now outdated. |
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Axchem, Inc. Federal Insecticide, Fungicide, and Rodenticide Act Region 5 enters Consent Agreement and Consent Order with Axchem, Inc. for violations of Section 12(a)(1)(A) of FIFRA / Manistee, Michigan IMPACT: On March 12, 1999, Elissa Speizman, on behalf of David Ullrich, Acting Regional Administrator, signed a Consent Agreement and Consent Order, settling an administrative action filed against Axchem, Inc. on September 15, 1998. The Administrative Complaint alleged two violations of Section 12(a)(1)(A) of FIFRA, 7 U.S.C. �6j(a)(1)(A), and sought a total penalty of $8,800. The parties agreed to settle the matter for $7,040 based on the respondent’s good faith efforts to comply with the requirements of FIFRA. BACKGROUND: On April 27, 1998, a representative of U.S. EPA conducted an inspection of respondent’s establishment located at 317 Washington Street, Manistee, Michigan. The inspection revealed that respondent violated Section 12(a)(1)(A) of FIFRA, 7 U.S.C. �6j(a)(1)(A), by distributing or selling two pesticides, AB-50 and Axchem AB-30, having canceled registrations. Section 3 of FIFRA, 7 U.S.C. �6a, requires registration of such pesticides. Case Contact: Diana L. Embil, Multi-Media Branch I, (312) 886-7889
Region 5 serves a Stop Sale, Use, or Removal Order pursuant to FIFRA � 13(a) for a violation of FIFRA � 12(a)(1)(A) by E. P. Roach Powder / Detroit, Michigan IMPACT: On June 30, 1999, an inspector with the Michigan Department of Agriculture served a Stop Sale, Use, or Removal Order on E. P. Roach for distributing or selling an unregistered pesticide in violation of Section 12(a)(1)(A) of FIFRA. BACKGROUND: On September 11, 1996, a representative of the Michigan Department of Agriculture conducted an authorized inspection at E. P. Roach Powder, located in Detroit, Michigan. The inspector took a sample of a product called E. P. Roach Powder, that was being offered for distribution or sale by E. P. Roach Powder. The product is a "pesticide" as that term is defined at Section 2(u) of FIFRA. The label of the pesticide product bore no U.S. EPA pesticide product registration number. U.S. EPA records on pesticide product registrations indicate that the product is not registered under Section 3 of FIFRA, nor has the distribution or sale otherwise been authorized by the Administrator of U.S. EPA. Therefore, E. P. Roach Powder was in violation of Section 12(a)(1)(A) of FIFRA. On June 30, 1999, an inspector from the Michigan Department of Agriculture served on E. P. Roach Powder a Stop Sale, Use, or Removal Order from U.S. EPA. Case Contact: Robert H. Smith Multi-Media Branch II (312) 886-0765
Region 5 files complaint and consent agreement under EPA's Audit Policy with Mallinckrodt, Inc. for violations of FIFRA / Various locations in Region 5 IMPACT: The Consent Agreement resolves over two hundred instances of Mallinckrodt’s improper branding and shipping of regulated pesticides; seven instances of failing to notify EPA of adverse effects on domestic animals from its pesticides and thirteen instances of failing to maintain appropriate records for child resistant packaging. The Consent Agreement represents a significant reduction in the penalty from $808,000.00 to $88,200.00 as a result of Mallinckrodt’s timely and complete disclosure of most of these violations under EPA’s audit policy. BACKGROUND: On November 4, 1998, the Region simultaneously filed with the Regional Hearing Clerk a Complaint and Consent Agreement and Consent Order (CACO) for the Mallinckrodt, Inc. The violations alleged in these documents were the result of Mallinckrodt’s compliance audit of its facility in Baton Rouge, Louisiana. The compliance audit took Mallinckrodt approximately one year to complete given the scope and complexity of its operations. During this time period Mallinckrodt made 28 separate disclosures of potential violations. The Region determined that a majority of the violations were reported in compliance with the self-disclosure criteria contained in EPA’s Self-Disclosure Policy. For these violations the Region also determined that there was negligible economic benefit. Consequently, under the Self-Disclosure Policy the Region reduced the gravity based component of the penalty by 100% thus eliminating penalties of $587,500.00. The Region also determined that Mallinckrodt did not comply with the Self-Disclosure Policy for certain other violations and thus did not qualify for the 100% reduction of the gravity based penalty. The Region did, however, determine that Mallinckrodt qualified under the FIFRA penalty policy for a 60% reduction in the gravity based penalty due to its self-disclosure and cooperation. Consequently, the Region reduced the penalty from $220,500.00 to $88,200.00 Case Contact: Richard Clarizio, Multi-Media Branch I, (312)-886-0559
EPA files Administrative Complaint and Penalty action against Nu-Method Pest Control Products, Inc. Detroit, MI IMPACT: On September 16, 1999, U.S. EPA, Region 5, filed an Administrative Complaint("Complaint") against Nu-Method Pest Control Products, Inc.("Nu-Method") alleging violations of Section 3(a) of FIFRA for the sale and distribution of a pesticide whose registration had been canceled and 40 C.F.R. � 169.2(a) and Section 12(a)(2)(B)(I) of FIFRA for incomplete preparation and maintenance of records. The Complaint proposes $11,000 in civil penalties against Nu-Method’s facility located at 8719 Linwood Street, Detroit, Michigan. BACKGROUND: A Stop Sale and Use Order was issued for NU-MRK New Improved Insecticide, EPA Reg. No. 6911-3, by the Michigan Department of Agriculture on September 1, 1999. For these alleged violations, which occurred after January 30, 1997, U.S. EPA has the authority to seek penalties for up to $5,500 for each violation. Case Contact: Orelia E. Merchant, Multi-Media Branch I (312) 886-2241
Region 5 enters into Consent Agreement and Consent Order resolving violations of Section 12(a)(1)(A) of FIFRA by Ques Industries, Inc. / Cleveland, Ohio IMPACT: On March 12, 1999, U.S. EPA, Region 5, entered into a Consent Agreement and Consent Order (CACO) resolving claims against Ques Industries, Inc. (Ques), Cleveland, Ohio, for violations of Section 12(a)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The CACO requires payment of a $2,640 civil penalty. BACKGROUND: Section 12(a)(1)(A) of FIFRA prohibits anyone from distributing or selling a pesticide whose EPA registration number has been canceled or suspended. On December 9, 1998, Region 5 filed a complaint against Ques claiming one count of illegally distributing a canceled pesticide. The evidence for the count came from observations made by an Ohio FIFRA inspector during a March 19, 1998 inspection of Respondent’s facility. The inspector discovered pesticides being packaged and labeled for shipment displaying the registration number of a previously canceled Sodium Hypochlorite pesticide solution. Upon receipt of the complaint, Quentin Meng, the Operations Manager of Ques, admitted the material factual allegations but claimed that he did not know that the product had been canceled. His primary dispute was with the amount of the penalty. The original claim sought a $4,400 penalty in accordance with the agency’s FIFRA penalty policy. During settlement negotiations, however, U.S. EPA mitigated this down to $2,640 because of Respondent’s cooperative behavior and lower degree of culpability than originally thought. Respondent will have thirty (30) days to submit the entire amount required under the CACO. Case Contact: Ivan J. Lieben, Multi-Media Branch II, (312) 886-2242
Region 5 enters Consent Agreement and Consent Order with Top Gun Supply, Inc., resolving FIFRA violations / Alsip, Illinois IMPACT: On December 10, 1998, the Acting Regional Administrator, Region 5, entered a Consent Agreement and Consent Order (CACO), by which Top Gun Supply, Incorporated, will pay a penalty of $11,880 for three violations of FIFRA for sale or distribution of unregistered pesticides. BACKGROUND: Top Gun Supply held for sale or distribution three products which made pesticidal claims on their labels. These products were not registered under FIFRA. Subsequent to a facility inspection, Stop Sale Orders were issued for each of these products. An administrative complaint seeking penalties was filed on October 2, 1998. Settlement terms were agreed to at an informal settlement conference two weeks later. Case Contact: John Tielsch, Multi-Media Branch 1, (312) 353-7447
Regional Administrator signs a Consent Agreement and Consent Order in the matter of Valspar Corporation. Minneapolis, MN IMPACT: On September 29, 1999, the Regional Administrator signed a Consent Agreement and Consent Order ("CACO") resolving EPA’s claims relating to violations by Valspar Corporation of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended ("FIFRA"), 7 U.S.C. � 136 et seq.. Valspar Corporation agreed to pay a civil penalty of $7,700. BACKGROUND: On July 9, 1999, U.S. EPA issued an administrative complaint against Valspar Corporation alleging violations of Section 12(a)(1)(A) of FIFRA, 7 U.S.C. � 136j(a)(1)(a), for its sale or distribution of unregistered products labeled with pesticidal claims. In the Complaint, U.S. EPA sought a penalty of $7,700. Valspar agreed to pay the full proposed penalty and to cease making pesticidal claims on the unregistered products. Case Contact: Elizabeth Murphy, Multimedia Branch II (312) 886-0748
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