EPA v. CUMBERLAND FARMERS COOPERATIVE

Case summary

3/30/06 - CONSENT AGREEMENT AND FINAL ORDER (CAF0) ISSUED ASSESSING A PENALTY OF $13,200. RESPONDENT SHALL MAKE PAYMENT THIRTY DAYS. ALLEGATIONS: AT THE TIME OF THE INSPECTION, THE REPACKAGED MITE-A-THOL WAS NOT REGISTERED AS A PESTICIDE WITH EPA. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). AT THE TIME OF INSPECTION, THE LABEL FALSELY LISTED MITE-A-THOL AS THE ACTIVE INGREDIENT IN MITE-A-THOL, INSTEAD OF MENTHOL. ACCORDING TO FIFRA 2(q)(1)(A),7 U.S.C. SECTION 126(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABEL IS FALSE OR MISLEADING IN ANY PARTICULAR. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(E). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE REPACKAGED PESTICIDE MITE-A-THOL IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. IN VIOLATION OF FIFRA SECTION 12(a)(1)(L).

Defendants (1)

• CUMBERLAND FARMERS COOPERATIVE (SB)Named in complaintNamed in settlement

Facilities (1)

• CUMBERLAND FARMS COOPERATIVE

  152 ELMORE ROAD, CUMBERLAND, TN, 385554098

  Registry ID: 110028124857

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• CUMBERLAND FARMERS COOPERATIVEentered 2006-03-30

  Primary law: FIFRA

  Federal penalty: $13,200

Timeline (4 milestones)

• 2006-03-30Complaint Filed/Proposed Order
• 2006-03-30Final Order Issued
• 2006-04-07Enforcement Action Closed
• 2006-04-12Enforcement Action Data Entered