EPA v. SCHWARTZ & SCHWARTZ HOLDINGS, INC. dba JERRY LEE CHEMICAL COMPANY

Case summary

3/3/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,708, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT DEC 7, 2007, EPA CONDUCTED AN INSPECTION AT BREEZE SOUTH, LLC, 3960 W. NAVY BLVD #2, PENSACOLA, FL AND OBSERVED THE PESTICIDE PRODUCT HI-TEST BLEACH FOR SALE. DURING THE INSPECTION, INSPECTOR LEARNED THAT THE PRODUCT HI-TEST BLEACH WAS MANUFACTURED BY AND PURCHASED FROM THE RESONDENT. RESPONDENT IS A SUPPLEMENTAL DISTRIBUTOR OF THE SODIUM HYPOCHLORIDE PRODUCT. HI-TEST BLEACH IS A DISTRIBUTOR PRODUCT, RESPONDENT IS THE SUPPLEMENTAL DISTRIBUTOR OF THIS PRODUCT, AS DESCRIBED IN 40 CFR 132. PURSUANT TO 40 CFR 152.132(d), SUPPLEMENTAL DISTRIBUTION IS PERMITTED IF, AMONG OTHER THINGS, THE LABEL OF THE DISTRIBUTOR PRODUCT IS THE SAME AS THAT OF THE REGISTERED PRODUCT. AT THE TIME OF THE INSPECTION, THE LABEL ON THE DISTRIBUTOR PRODUCT HI-TEST BLEACH DIFFERED FROM THAT OF THE REGISTERED PRODUCT. SPECIFICALLY, THE FOLLOWING STATEMENT HAD BEEN ADDED TO THE LABEL ON THE PESTICIDE HI=TEST BLEACH, FORMULATORS USING THIS PRODUCT ARE RESONSIBLE FOR OBTAINING EPA REGISTRATION OF THEIR FORMULATED PRODUCTS. THIS CHANGE IS NOT ALLOWED ACCORDING TO 40 CFR 152.132(d). UNDER FIFRA 12(a)(1)(E) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED.

Defendants (2)

• SCHWARTZ & SCHWARTZ HOLDINGS, INC (SB)Named in complaintNamed in settlement
• JERRY LEE CHEMICAL COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• JERRY LEE CHEMICALS

  3407 OLD FAIRFIELD DR, PENSACOLA, FL, 325054861

  Registry ID: 110018872781

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• SCHWARTZ & SCHWARTZ HOLDINGS, INC. dba JERRY LEE CHEMICAL COMPANYentered 2009-03-03

  Primary law: FIFRA

  Federal penalty: $2,708

Timeline (4 milestones)

• 2009-03-03Final Order Issued
• 2009-03-03Complaint Filed/Proposed Order
• 2009-03-17Enforcement Action Data Entered
• 2009-04-13Enforcement Action Closed