EPA v. H & H PRODUCTS PRODUCTS, INC. dba CLEANMART

Case summary

CAFO ISSUED 10/09/2007, ASSESSING A PENALTY OF $10,000. RESPONDENT SHALL MAKE THE FIRST PAYMENT OF $1,293.96 WITHIN 30 DAYS. THE LAST PAYMENT OF $1,293.96 IS DUE BY JULY 30, 2009. ORDER ALLEGES: RESPONDENT DISTRIBUTED OR SOLD THE PESTICIDE WAREWASH CHLORINE ON AT LEAST ELEVEN OCCASIONS. AT THE TIME OF THE FEBRUARY 9, 2006 INSPECTION OF RESPONDENT'S FACILITY, THE WAREWASH CHLORINE PRODUCT LABEL DID NOT CONTAIN THE EPA ESTABLISHMENT NUMBER ASSIGNED UNDER SECTION 7 OF FIFRA AND THE PERCENTAGE OF ALL INERT INGREDIENTS IN THE PRODUCT. THE WAREWASH CHLORINE, IS ALSO AN IMITATION OF ANOTHER PESTICIDE, WAREWASH SANITIZER . PURSUANT TO FIFRA 29q0(1)(D), THE WAREWASH CHLORINE PRODUCT WAS MISBRANDED IN THAT THE LABEL DID NOT BEAR THE REGISTRATION NUMBER ASSIGNED UNDER SECTION 7 OF FIFRA. FURTHER, PURSUANT TO 2(q)(2)(A) OF FIFRA, THE WAREWASH CHLORINE PRODUCT WAS MISBRANDED IN THAT THE LABEL DID NOT BEAR AN INGREDIENT STATEMENT ON THE IMMEDIATE CONTAINER WHICH IS PRESENTED OR DISPLAYED UNDER CUSTOMER CONDTIIONS OF PURCHASE. AT THE TIME OF THE FEBRUARY 9, 2006 INSPECTION, THE WAREWASH SANITIZER WAS NOT REGISTERED AS A PESTICIDE WITH EPA. RESPONDENT DISTRIBUTED OR SOLD THE PESTICIDE ON AT LEAST TWO OCCASIONS.

Defendants (1)

• H & H PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (1)

• H&H PRODUCTS, INC.

  3418 HWY 301, NORTH, DUNN, NC, 28334

  Registry ID: 110024834535

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• H & H PRODUCTS PRODUCTS, INC.entered 2007-10-09

  Primary law: FIFRA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2007-10-09Final Order Issued
• 2007-10-09Complaint Filed/Proposed Order
• 2007-11-15Enforcement Action Data Entered
• 2009-11-16Enforcement Action Closed