EPA v. EQUINE MEDICAL AND SURGICAL ASSOCIATES, INC.

Case summary

On September 28, 2023, EPA Region III entered into a Consent Agreement and Final Order with Equine Medical and Surgical Associates, 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 RK Topical Spray. 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 10, 2022, an EPA Inspector conducted an unannounced FIFRA producer establishment inspection. On March 3, 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 RK Topical Spray with pesticidal claims, without the product being registered under FIFRA. The negotiated penalty for the violations of FIFRA alleged in the Consent Agreement is Forty-Five Thousand Eight Hundred and Fifty Dollars ($45,850). FIFRA registration violations are exempt from EJ. EPA notified the Pennsylvania Department of Agriculture.

Defendants (1)

• EQUINE MEDICAL AND SURGICAL ASSOCIATES, INC.Named in complaintNamed in settlement

Facilities (1)

• EQUINE MEDICAL AND SURGICAL ASSOCIATES, INC.

  325 WESTTOWN ROAD, WEST CHESTER, PA, 19382

  Registry ID: 110071269015

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• EQUINE MEDICAL AND SURGICAL ASSOCIATES, INC.entered 2023-09-28

  Primary law: FIFRA

  Federal penalty: $45,850

Timeline (4 milestones)

• 2023-09-28Complaint Filed/Proposed Order
• 2023-09-28Enforcement Action Data Entered
• 2023-09-28Final Order Issued
• 2023-10-11Enforcement Action Closed