EPA v. WILKENS, JAMES A.

Case summary

2-29-08 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT: JAMES A. WILKENS. ON OR ABOUT JULY 1, 2007, THE FL DEPT OF AGRICULTURE AND CONSUMER SERVICES (FL-DACS) LEARNED THAT JAMES WILKENS WAS OFFERING FOR SALE A 2 1/2 GALLON CONTAINER OF THE RESTRICTED USE PESTICIDE ATRIZINE ON CRAIGSLIST, A WEBSITE. ON OR ABOUT AUGUST 3, 2007, AN INSPECTOR WITH THE FL-DACS WENT TO RESPONDENT'S RESIDENCE. DURING THE AFOREMENTIONED INSPECTION, MR WILKENS SHOWED THE INSPECTOR THE CARDBOARD BOX WHICH HAD CONTAINED A 2-PACK OF 2 1/2 GALLONS PLASTIC JUGS OF ATRAZINE 4L. LABEL STATES THAT IT IS A RESTRICTED USE PESTICIDE DUE TO GROUND AND SURFACE WATER CONCERNS. FURTHER THE LABEL STATES, FOR SALE AND USE ONLY BY CERTIFIED APPLICATORS OR PERSONS UNDER DIRECT SUPERVISION AND ONLY FOR THOSE USES COVERED BY THE CERTIFIED APPLICATOR'S CERTIFICATION. RESPONDENT IS NOT A LICENCED PESTICIDE DEALER OR A CERTIFIED APPLICATOR IN THE STATE OF FL. RESPONDENT DID NOT PROVIDE INFO TO THE INFO TO THE INSPECTOR TO SHOW THE PERSON WHO PURCHASED THE ATRAZINE 4L WERE CERTIFIED APPLICATORS OR WERE PURCHASING THE PESTICIDE FOR USE BY A CERTIFIED APPLICATOR.

Defendants (1)

• WILKENS, JAMES A.Named in settlement

Facilities (1)

• WILKENS, JAMES A. (RESIDENCE)

  3750 MYRTLE HILL WAY, LAKELAND, FL, 33811

  Registry ID: 110035849268

Statutes cited

• FIFRA 12A2G — Misuse
• FIFRA 12A2F — Restricted Usage

Enforcement conclusions (1)

• WILKENS, JAMES A.entered 2008-02-29

  Primary law: FIFRA

Timeline (2 milestones)

• 2008-02-29Final Order Issued
• 2008-04-03Enforcement Action Data Entered