EPA v. POOL WIZARD, LLC

Case summary

10/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,500. RESPONDENT SHALL MAKE THE FIRST PAYMENT OF $1,655.58 WITHIN THIRTY DAYS. THE LAST PAYMENT OF $1,655.58 IS DUE BY FEBRUARY 2009. ORDER ALLEGES: ON OR ABOUT AUGUST 27, 2006, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED IN MARIETTA, GEORGIA. DURING THE INSPECTION, RESPONDENT REPACKAGED, SOLD AND DISTRIBUTED A MINERAL SANITATION PROODUCT FOR USE IN SWIMMING POOLS KNOWN AS POOL WIZARD . POOL WIZARD IS A PESTICIDE AS DEFINED IN SECTIN 2(u) OF FIFRA, 7 U.S.C SECTIN 136(u), WHICH INDLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. AT THE TIME OF THE INSPECTION, POOL WIZARD WAS NOT REGISTERED AS A PESTICIDE WITH EPA. ACCORDING TO FIFRA 12(a)(1)(A), IT IS UNLAWFUL TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS UNREGISTERED. RESPONDENT VIOLATED 12(a)(1)(A) OF FIFRA. AT THE TIME OF THE INSPECTION, THE PESTICIDE POOL WIZARD WAS MISBRANDED IN THAT THE LABEL DID NOT BEAR A SIGNAL WORD AND THE NET CONTENTS. ACCORDING TO FIFRA 12(a)(1)(E), A PESTICIDE IS MISBRANDED IF ITS LABEL IS FALSE OR MISLEADING. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(E). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PESTICIDE POOL WIZARD IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA 12(a)(2)(L).

Defendants (1)

• POOL WIZARD, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• POOL WIZARD, LLC

  3912 UPLAND WAY, MARIETTA, GA, 30066

  Registry ID: 110037243275

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• POOL WIZARD, LLCentered 2008-10-29

  Primary law: FIFRA

  Federal penalty: $6,500

Timeline (4 milestones)

• 2008-10-29Complaint Filed/Proposed Order
• 2008-10-29Final Order Issued
• 2008-10-30Enforcement Action Data Entered
• 2008-12-10Enforcement Action Closed