EPA v. REX CHEMICAL CORPORATION

Case summary

6/19/2008 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,205, DUE WITHIN 30 DAYS. ON OR ABOUT MARCH 14, 2007, EPA CONDUCTED AN INSPECTION AT BRAVO SUPERMARKET, 999 NORTH SEMORAN BLVD, ORLANDO, FL. ON OR ABOUT MARCH 22, 2007, EPA CONDUCTED AN INSPECTION AT LA TERESITA GROCERY, 3302 WEST COLUMBUS DRIVE, TAMPA, FL. DURING THE INSPECTIONS, THE PRODUCT REX CREOLINA (COAL TAR DEODORANT) WAS IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY THE RESPONDENT. AT THE TIME OF THE INSPECTION, REX CREOLINA HAD THE FOLLOWING PHRASES ON THE PRODUCT'S LABEL WHICH EPA CONSIDERS TO BE PESTICIDAL CLAIMS: ...HELPS AVOID CONTAMINATION AND ...PREVENTS BREEDING OF FLIES AND OTHER INSECTS . RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. AT THE TIME OF THE INSPECTIONS, THE REX CREOLINE WAS NOT REGISTERED AS A PESTICIDE WITH EPA. IT IS UNLAWFUL ACCORDING TO FIFRA SECTION 12(a)(1)(A) FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(A) ON 5 OCCASIONS. AT THE TIME OF THE INSPECTIONS, RESPONDENT PRODUCED THE PESTICIDE REX CREOLINE IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF THE EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. AS SET FORTH IN FIFRA SECTION 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA SECTION 12(a)(2)(L).

Defendants (1)

• REX CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• REX CHEMICAL CORP

  2270 NW 23 ST, MIAMI, FL, 33142

  Registry ID: 110011850087

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• REX CHEMICAL CORPORATIONentered 2008-06-19

  Primary law: FIFRA

  Federal penalty: $23,205

Timeline (4 milestones)

• 2008-06-19Final Order Issued
• 2008-06-19Complaint Filed/Proposed Order
• 2008-06-24Enforcement Action Data Entered
• 2008-07-09Enforcement Action Closed