EPA v. MONTGOMERY MARKETING, INC.

Case summary

4/11/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,875. ALLEGATIONS: PRIOR TO 2/10/05, MMI TREATED SINGLE-PERSON TENTS COVERED WITH NETTING, REFERRED TO AS TENTING, WITH INSPECT/ARTHROPOD REPELLENT TREATMENT FOR MILITARY BATTLE DRESS UNIFORM FABRIC , A REGISTERED PESTICIDE WITH EPA REGISTRATION NO. 63120-2. RESPONDENT TREATED THE TENTING WITH THE REGISTERED PESTICIDE TO REPEL OR MITIGATE MOSQUITOES AND OTHER INSECTS. AFTER TREATMENBT, RESPONDENT SOLD THE TENTING TREATED WITH THE REGISTERED PESTICIDE TO THE MILITARY. ON OR ABOUT FEBRUARY 10, 2005, RESOPNDENT DISCOVERED THE LABEL ON THE REGISTERED PESTICIDE INSPECT/ARTHROPOD REPELLENT TREATMENT FOR MILITARY BATTLE DRESS UNIFORM FABRIC DID NOT BEAR DIRECTIONS FOR USE ON TENTS OR TENTING PRODUCTS. ON OR ABOUT MARCH 3, 2005, MMI DISCLOSED IN WRITING TO EPA THE VIOLATION OF USING A REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING. PURSUANT TO SECTION 12(a)(2)(G) OF FIFRA, RESPONDENT IS REQUIRED TO USE A PESTICIDE IN A MANNER CONSISTENT WITH ITS LABELING. THE LABELING ON THE REGISTERED PESTICIDE INSPECT/ARTHROPOD REPELLENT TREATMENT FOR MILITARY BATTLE DRESS UNIFORM FABRIC USED BY THE RESPONDENT DOES NOT INCLUDE TREATMENT OF TENTING AS ONE OF ITS AUTHORIZED USES. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED SECTION 12(a)(2)(G) OF FIFRA. WHEN RESPONDENT APPLIED THE REGISTERED PESTICIDE, RESPONDENT PRODUCED A PESTICIDE AS THOSE TERMS ARE DEFINED AT SECTIONS 2(w) AND 2(u) OF FIFRA BECAUSE THE TENTING ITSELF WAS CAPABLE OF REPELLING OR MITIGATING MOSQUITOES AND OTHER INSECTS. ON OR ABOUT MARCH 3, 2005, MMI DISCLOSED IN WRITING TO EPA THE VIOLATION OF PRODUCING A PESTICIDE AT AN ESTABLISHMENT NOT REGISTERED WITH THE ADMINISTRATOR OF EPA. PURSUANT TO SECTION 7(a) OF FIFRA, A PERSON WHO PRODUCES A REGULATED PESTICIDE OR ACTIVE INGREDIENT USED IN PRODUCING A PESTICIDE IN ANY STATE IS REQUIRED TO REGISTER THE ESTABLISHMENT WHERE THE PESTICIDE IS PRODUCED WITH THE ADMINISTRATOR. RESPONDENT DID NOT REGISTER ITS ESTABLISHMENT WITH THE ADMINISTRATOR PRIOR TO TREATING THE TENTING WITH A PESTICIDE. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED SECTION 7(a) OF FIFRA. RESPONDENT DID NOT REGISTER THE TESTING AS A PESTICIDE WITH THE ADMINISTRATOR PRIOR TO ITS PRODUCTION. ON OR ABOUT MARCH 3, 2005, MMI DISCLOSED IN WRITING TO EPA THE VIOLATION OF DISTRIBUTING OR SELLING AN UNREGISTERED PESTICIDE. PURSUANT TO SECTION 12(a)(1)(A) OF FIFRA, A PESTICIDE MUST BE REGISTERED WITH THE ADMINISTRATOR PRIOR TO ITS DISTRIBUTION FOR SALE.

Defendants (1)

• MONTGOMERY MARKETING, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• MONTGOMERY MARKETING, INC. (MMI)

  6101 BREWBAKER BOULEVARD, MONTGOMERY, AL, 36116

  Registry ID: 110022317759

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• MONTGOMERGY MARKETING, INC.entered 2006-04-11

  Primary law: FIFRA

  Federal penalty: $4,875

Timeline (4 milestones)

• 2006-04-11Final Order Issued
• 2006-04-11Complaint Filed/Proposed Order
• 2006-05-02Enforcement Action Data Entered
• 2006-05-08Enforcement Action Closed