EPA v. DALEN PRODUCTS, INC.

Case summary

10/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,550. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT MAY 23, 2007, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED IN KNOXVILLE, TENNESSEE. DURING THE AFOREMENTIONED INSPECTION, THE PRODUCT WEED-X AT WEED CONTROL WITH TERMITE GUARD , WAS IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY THE RESPONDENT. WEED-X AT WEED CONTROL WITH TERMITE GUARD IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. AT THE TIME OF INSPECTION, THE WEED-X AT WEED CONTROL WITH TERMITE GUARD WAS NOT REGISTERED AS A PESTICIDE WITH EPA. RESPONDENT VIOLATED ON AT LEAST ONE OCCASION SECTION 12(a)(1)(A) OF FIFRA. AT THE TIME OF INSPECTION, THE LABEL OF WEED-X AT WEED CONTROL WITH TERMITE GUARD FAILED TO BEAR THE EPA ESTABLISHMENT NUMBER, THE EPA REGISTRATION NUMBER, AN INGREDIENT, AND THE REQUIRED SIGNAL WORD, I.E., DANGER, WARNING OR CAUTION. ACCORDING TO FIFRA 2(q), U.S.C, 136 SECTION 136, A PESTICIDE IS MISBRANDED IF ITS LABEL FAILS TO BEAR THE ASSIGNED EPA ESTABLISHMENT NUMBER AND EPA REGISTRATION NUMBER, AND THE APPROPRIATE SIGNAL WORD. RESPONDENT VIOLATED 12(a)(1)(E) OF FIFRA. AT THE TIME OF INSPECTION, RESPONDENT PRODUCED THE PESTICIDE WEED-X AT WEED CONTROL WITH TERMITE GUARD IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. RESPONDEMT VIOLATED SECTION 12(a)(2)(L).

Defendants (1)

• DALEN PRODUCTS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• DALEN PRODUCTS, INC.

  700 DALEN LANE, KNOXVILLE, TN, 37932

  Registry ID: 110037243293

Statutes cited

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

Enforcement conclusions (1)

• DALEN PRODUCTS, INC.entered 2008-10-29

  Primary law: FIFRA

  Federal penalty: $17,550

Timeline (3 milestones)

• 2008-10-29Complaint Filed/Proposed Order
• 2008-10-29Final Order Issued
• 2008-11-04Enforcement Action Data Entered