EPA v. United Biotech Corporation

Case summary

The Respondent, located in Deer Park, New York, is a producer of enzymatic cleaners for medical establishments. The products include the “Tri-Power” line of cleaners: Tri-Power Enzymatic Cleaner, Tri-Power Enzymatic Foam Spray, Tri-Power Pre-Treatment Spray Gel, Tri-Power Advanced Ultra-Concentrated Enzymatic Cleaner, and Tri-Power Enzymatic Cart Wash. None of the Respondent's products are registered pesticides; under section 12 of FIFRA, a person may not distribute or sell an unregistered pesticide. On July 28, 2011, an EPA inspector conducted an inspection at the facility. EPA – Region 2 sent formal requests for information (IRLs) to Respondent on August 2, 2011 and November 16, 2011. The IRLs requested information and records regarding the 2009-2011 sales or distributions of the Tri-Power products bearing labels that made pesticidal claims on behalf of the products. The Respondent provided a response with detailed sales information in December 2011. EPA counsel and technical staff recommend a penalty of two thousand dollars ($2,000). The settlement addresses compliance and the payment of a civil penalty. With regard to compliance, the Respondent worked with EPA to quickly change its labels and re-label its products in order to achieve compliance with FIFRA, and will certify that it is in compliance with FIFRA.

Defendants (1)

• United Biotech CorporationNamed in complaintNamed in settlement

Facilities (1)

• UNITED BIOTECH CORPORATION

  45 W. JEFRYN BLVD, DEER PARK, NY, 11729

  Registry ID: 110044219850

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• United Biotech Corporationentered 2014-04-08

  Primary law: FIFRA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2014-04-08Complaint Filed/Proposed Order
• 2014-04-08Enforcement Action Closed
• 2014-04-08Final Order Issued
• 2014-04-22Enforcement Action Data Entered