EPA v. JOE L. CLINE D/B/A EAST-WEST CONVENIENCE STORE

Case summary

7/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,874. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON ABOUT AUGUST 22, 2006, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED IN VALDESE, NORTH CAROLINA. DURING THE INSPECTION, THE PRODUCT ROUNDUP PRO, EPA REGISTRATION NO. 524-475, WAS IDENTIFIED AS BEING REPACKAGED AND SOLD BY THE RESPONDENT. AT THE TIME OF THE INSPECTION, THE ROUNDUP PRO WAS MISBRANDED IN THAT THE CONTAINERS INTO WHICH THE ROUNDUP PRO WAS REPACKAGED DID NOT BEAR ACCEPTED PESTICIDE LABELS. IN VIOLATION OF SECTION 12(a)(1)(E) OF FIFRA. AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PESTICIDE ROUND PRO IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. IN VIOLATION OF SECTION 12(a)(2)(L) OF FIFRA. BASED ON INFORMATION OBTAINED DURING THE AFOREMENTIONED INSPECTION, THE REGISTERED PESTICIDE, ROUNDUP PRO, WAS BEING USED IN A MANNER INCONSISTENT WITH ITS LABELING. THE LABEL ON THE ROUNDUP PRO PRODUCT CLEARLY STATES: THIS IS AN END-USE PRODUCT. MONSANTO DOES NOT INTEND AND HAS NOT REGISTERED IT FOR REFORMULATION OR REPACKING. IN VIOLATION OF SECTION 12(a)(2)(G) OF FIFRA.

Defendants (1)

• JOE L. CLINE D/B/A EAST-WEST CONVENIENCE STORE (SBNamed in complaintNamed in settlement

Facilities (1)

• EAST-WEST STORE

  1294-US-70 WEST, VALDESE, NC, 28690

  Registry ID: 110018633978

Statutes cited

• FIFRA 12A2G — Misuse
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• JOE L. CLINE D/B/A EAST-WEST CONVENIENCE STOREentered 2008-07-29

  Primary law: FIFRA

  Federal penalty: $8,874

Timeline (4 milestones)

• 2008-07-29Final Order Issued
• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-30Enforcement Action Data Entered
• 2008-08-19Enforcement Action Closed