EPA v. BENJAMIN, MICHAEL dba FIRST CHANCE POOL AND SPA SUPPLY

Case summary

3/25/05 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT: MICHAEL BENJAMIN d/b/a FIRST CHANCE POOL & SPA SUPPLY. AS A RESULT OF AN INSPECTION ON MARCH 2 AND 4, IT WAS REVEALED THAT ANTIMICROBIAL PESTICIDE SODIUM HYPOCHLORITE WAS BEING OFFERED FOR SALE BY RESPONDENT FOR USE IN SWIMMING POOLS AND SPAS. SODIUM HYPOCHLORITE USED AS A DISINFECTANT OR SANITIZER IS A PESTICIDE IN THAT IT IS A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST. FURTHER, SODIUM HYPOCHLORITE IS AN ANTIMICROBIAL PESTICIDE IN THAT THE PRODUCT IS INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS. AS PACKAGED WHEN OFFERED FOR SALE, THE SODIUM HYPOCHLORITE WAS AN ANTIMICROBIAL PESTICIDE WHICH WAS NOT REGISTERED WITH EPA -- A VIOLATION OF FIFRA SECTION 12(a)(1)(A). AS PACKAGED WHEN OFFERED FOR SALE, THE SODIUM HYPOCHLORITE WAS MISBRANDED IN THAT IT FAILED TO BEAR ALL LABELING INFORMATION REQUIRED BY EPA, INCLUDING BUT NOT LIMITED TO AN EPA REGISTRATION NUMBER; DIRECTIONS FOR USE; A WARNING OR CAUTION STATEMENT; AN EPA ESTABLISHMENT NUMBER; AN INGREDIENT STATEMENT; THE NAME AN DADDRESS OF THE PRODUCER, REGISTRANT, OR PERSON FOR WHOM PRODUCED; THE NAME, BRAND OR TRADEMARK UNDER WHICH THE PESTICIDE WAS SOLD; AND THE NET WEIGHT OR MEASURE OF THE CONTACT -- A VIOLATION OF FIFRA 12(a)(1)(E). ORDER REQUIRES: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE THE FOLLOWING PESTICIDE WHICH IS UNREGISTERED, AS PACKAGE, AND MISBRANDED: SODIUM HYPOCHLORITE.

Defendants (2)

• BENJAMIN, MICHAELNamed in settlement
• FIRST CHANCE POOL & SPA SUPPLY (SB)Named in settlement

Facilities (1)

• FIRST CHANCE POOL & SPA

  106 HIALEAH DRIVE, HIALEAH, FL, 33010

  Registry ID: 110011927166

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BENJAMIN, MICHAEL dba FIRST CHANCE POOL AND SPA SUPPLYentered 2005-03-25

  Primary law: FIFRA

Timeline (2 milestones)

• 2005-03-25Final Order Issued
• 2005-03-30Enforcement Action Data Entered