EPA v. BORTEK INDUSTRIES, INC.

Case summary

On August 29, 2023, EPA Region III entered into a Consent Agreement and Final Order with Bortek Industries, Inc. (?Respondent?) alleging violations of FIFRA and implementing Pesticide Program regulations promulgated at 40 C.F.R. Parts 150 -189, Subchapter E, in connection with the distribution and/or sale of the unregistered pesticide Lavkleen Eco. This enforcement action furthers FIFRA?s purpose of promoting environmentally safe and effective pesticide use and prevents the potentially harmful use of pesticides. On May 12, 2022, an EPA Inspector conducted an unannounced FIFRA producer establishment inspection. On March 8, 2023, EPA issued a Notice of Potential Violation and Opportunity to Confer. The Consent Agreement alleges that Respondent violated FIFRA and EPA?s Pesticide Program regulations by selling Lavkleen Eco with pesticidal claims, without the product being registered under FIFRA . The negotiated penalty for the violations of FIFRA alleged in the Consent Agreement is Thirty-One Thousand Nine Hundred and Twenty Dollars ($31,920). There are no EJ concerns regarding this action. EPA notified the Pennsylvania Department of Agriculture.

Defendants (1)

• BORTEK INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• BORTEK INDUSTRIES, INC.

  4713 OLD GETTYSBURG ROAD, MECHANICSBURG, PA, 17055

  Registry ID: 110017838768

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BORTEK INDUSTRIES, INC.entered 2023-08-29

  Primary law: FIFRA

  Federal penalty: $31,920

Timeline (4 milestones)

• 2023-08-29Complaint Filed/Proposed Order
• 2023-08-29Final Order Issued
• 2023-08-31Enforcement Action Data Entered
• 2023-09-26Enforcement Action Closed