EPA v. BIO-COMP, INC.

Case summary

7/8/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,600, PAYABLE IN 12 PAYMENTS WHICH INCLUDES INTEREST AT 3%. THE FIRST PAYMENT OF $995.67 IS DUE WITHIN 30 DAYS. THE REMAINING 11 PAYMENTS WILL BE MADE AS FOLLOWS: 60 DAYS AFTER FILING: $995.67 90 DAYS AFTER FILING: $995.67 120 DAYS AFTER FILING: $995.67 150 DAYS AFTER FILING: $995.67 180 DAYS AFTER FILING: $995.67 210 DAYS AFTER FILING: $995.67 240 DAYS AFTER FILING: $995.67 270 DAYS AFTER FILING: $995.67 300 DAYS AFTER FILING: $995.67 330 DAYS AFTER FILING: $995.67 SPECIFIC ALLEGATIONS: ON OR ABOUT JUNE 28, 2006, EPA CONDUCTED AN INSPECTION AT BIO-COMP. DURING THE INSPECTION, THE PRODUCT BIO-COMP COMPOSTED GROWING MIX WAS IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY RESPONDENT. ALSO, A BROCHURE DESCRIBING RESPONDENT'S PRODUCTS WAS OBTAINED. EPA DETERMINED THAT THE BROCHURE MADE CERTAIN PESTICIDAL CLAIMS. UPON BEING INFORMED THAT THE BROCHURE MAY MAKE CERTAIN PESTICIDAL CLAIMS, RESPONDENT CONTENDS THAT IT CEASED PRINTING AND DISTRIBUTING THE BROCHURE. ADDITIONALLY, RESPONDENT SUBMITTED A REVISED BROCHURE TO EPA. AT THE TIME OF THE INSPECTION, THE BIO-COMP COMPOSTED GROWING MIX WAS NOT REGISTERED AS A PESTICIDE WITH EPA. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL OT ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. AT THE TIME OF THE INSPECTION, THE BIO-COMP COMPOSTED GROWING MIX WAS MISBRANDED. ACCORDING TO FIFRA SECTION 2(q)(1)(F), A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT CONTAIN DIRECTIONS FOR USE NECESSARY TO MAKE THE PRODUCT EFFECTIVE AND TO ADEQUATELY PROTECT HEALTH AND THE ENVIRONMENT. THE PRODUCT LABEL DID NOT CONTAIN A WARNING OR CAUTION STATEMENT. ACCORDING TO FIFRA SECTION 2(q)(1)(G), A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT CONTAIN A WARNING OR CAUTION STATEMENT ADEQUATE TO PROTECT HEALTH AND THE ENVIRONMENT. AT THE TIME OF THE INSPECTION, THE BIO-COMP COMPOSTED GROWING MIX DID NOT CONTAIN AN INGREDIENT STATEMENT. ACCORDING TO FIFRA SECTION 2(q)(2)(A), A PESTICIDE IS MISBRANDED IT ITS LABEL DOES NOT BEAR AN INGREDIENT STATEMENT ON THE IMMEDIATE CONTAINER WHICH IS PRESENTED OR DISPLAYED UNDER CUSTOMARY CONDITIONS OF PURCHASE. PURSUANT TO FIFRA SECTION 12(a)(1)(E) IT IS A VIOLATION FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED.

Defendants (1)

• BIO-COMP, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• BIO-COMP, INC.

  2116-B BIO-COMP DRIVE, EDENTON, NC, 27932

  Registry ID: 110039167610

Statutes cited

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

Enforcement conclusions (1)

• BIO-COMP, INC.entered 2009-07-08

  Primary law: FIFRA

  Federal penalty: $11,600

Timeline (3 milestones)

• 2009-07-08Complaint Filed/Proposed Order
• 2009-07-08Final Order Issued
• 2009-07-17Enforcement Action Data Entered