EPA v. ROLPH C HAGEN (USA) CORP

Case summary

IN MARCH 2003, APPROXIMATELY TWELVE MONTHS AFTER SETTLING A PREVIOUS ADMINISTRATIVE ACTION FOR THE SAME ACTIVITY (IN RE: HAGEN, DOCKET NO. FIFRA-01-2001-0052), HAGEN IMPORTED A SHIPMENT OF MISBRANDED ULTRA VIOLET (UV) STERILIZER/CLARIFIER DEVICES FROM ITALY IN VIOLATION OF FIFRA. THESE DEVICES ARE DESIGNED TO CONTROL, AMONG OTHER THINGS, ALGAE IN FISH PONDS. THE DEVICES WERE MISBRANDED IN THAT THEIR PACKAGING DID NOT CONTAIN THE EPA ESTABLISHMENT NUMBER OF THE FACILITY IN WHICH THEY WERE PRODUCED. THE COMPANY VOLUNTARILY NOTIFIED EPA OF THE VIOLATION WHEN THE SHIPMENT OF THESE MISLABELED DEVICES WAS DELIVERED TO ITS MANSFIELD, MASSACHUSETTS FACILITY. THIS ACTION APPEARS TO HAVE OCCURRED DUE TO ERRORS BY THE ITALIAN MANUFACTURER AND MISCOMMUNICATION BETWEEN HAGEN AND ITS CONTRACTOR.

Defendants (1)

• ROLPH C HAGEN (USA) CORPNamed in complaintNamed in settlement

Facilities (1)

• ROLF C. HAGEN (U.S.A.) CORP

  50 HAMPDEN ROAD, MANSFIELD, MA, 02048-1808

  Registry ID: 110011803441

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• ROLPH C HAGEN (USA) CORPentered 2003-04-22

  Primary law: FIFRA

  Federal penalty: $5,500

Timeline (3 milestones)

• 2003-04-22Complaint Filed/Proposed Order
• 2003-04-22Final Order Issued
• 2003-06-12Enforcement Action Data Entered