EPA v. SHIELD INDUSTRIES, INC.

Case summary

INSPECTION AT SHIELD INDUSTRIES, INC. DURING THE AFOREMENTIONED INSPECTION, THE PRODUCT MOLDBLOCK , WAS IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY RESPONDENT. THE PRODUCT 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 MOLDBLOCK WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA IN ACCORDANCE WITH SECTION 3 OF FIFRA. THE INSPECTOR DOCUMENTED THE DISTRIBUTION OF THE MOLDBLOCK FROM THE RESPONDENT. RESPONDENT VIOLATED 12(a)(1)(A) OF FIFRA. AT THE TIME OF INSPECTION, THE MOLDBLOCK MISBRANDED. ACCORDING TO FIFRA 2(Q)(1)(d), 7 U.S.C 136(q)(1)(D), A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT BEAR THE REGISTRATION NUMBER ASSIGNED UNDER SECTION 7. RESPONDENT VIOLATED 12(a)(1)(E) OF FIFRA.

Defendants (1)

• SHIELD INDUSTRIES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• SHIELD INDUSTRIES, INC.

  131 SMOKEHILL LANE, WOODSTOCK, GA, 30188

  Registry ID: 110038391576

Statutes cited

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

Enforcement conclusions (1)

• SHIELD INDUSTRIES, INC.entered 2009-04-10

  Primary law: FIFRA

  Federal penalty: $8,425

Timeline (4 milestones)

• 2009-04-10Final Order Issued
• 2009-04-10Complaint Filed/Proposed Order
• 2009-04-15Enforcement Action Data Entered
• 2009-05-04Enforcement Action Closed