EPA v. REGAL CHEMICAL COMPANY

Case summary

1/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $32,800, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT AUG 24, 2006, EPA CONDUCTED AN INSPECTION AT CURRITUCK CLUB, LOCATED AT 530 OLD SANDY RD, COROLLA, NC. DURING THE INSPECTION, THE INSPECTOR OBTAINED INFO SHOWING THAT RESPONDENT DISTRIBUTED AND SOLD THE REGALCROWN BIOLOGICAL PLANT GROWTH STIMULATOR (REGALCROWN PRODUCT) TO CURRITUCK CLUB. THE INSPECTOR COLLECTED AN ORDER/PICKING LIST DATED JULY 13, 2006, DOCUMENTING THE SHIPMENT OF 4 GALLONS OF THE REGALCROWN PRODUCT TO THE CURRITUCK CLUB. ON OR ABOUT SEPT 4, 2007, EPA CONDUCTED AN INSPECTION AT THE CHOWAN GOLF AND COUNTRY CLUB, LOCATED AT 1101 WEST SOUNDSHORE DR, EDENTON, NC (CHOWAN CLUB). DURING THE INSPECTION, THE INSPECTOR OBTAINED FIVE INVOICES AND ORDER/PICKING LISTS SHOWING THAT RESPONDENT DISTRIBUTED AND SOLD THE REGAL CROWN PRODUCT TO THE CHOWAN CLUB. ON OR ABOUT FEB 28, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LCOATED AT 600 BRANCH DRIVE, ALPHARETTA, GA. DURING THE INSPECTION, THE INSPECTOR VIEWED CONTAINERS OF THE REGALCROWN PRODUCT AT THE FACILITY AND OBTAINED FIVE INVOICES AND /ORDER/PICKING LISTS SHOWING THAT RESPONDENT DISTRIBUTED AND SOLD THE REGAL CROWN PRODUCT. PURSUANT TO FIFRA SEC 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). AT THE TIME OF THE INSPECTIONS, THE REGALCROWN PRODUCT WAS MISBRANDED IN THAT THE LABELING FOR THE PRODUCT DID NOT INCLUDE THE FOLLOWING: A. AN EPA INSPECTION NUMBER; B. PERCENTAGE OF EACH INGREDIENT; C. STORAGE AND DISPOSAL STATEMENT. PURSUANT TO FIFRA 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. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(E).

Defendants (1)

• REGAL CHEMICAL COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• REGAL CHEMICAL COMPANY

  600 BRANCH AVENUE, ALPHARETTA, GA, 30004

  Registry ID: 110011802790

Statutes cited

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

Enforcement conclusions (1)

• REGAL CHEMICAL COMPANYentered 2010-10-13

  Primary law: FIFRA

  Federal penalty: $32,800

Timeline (3 milestones)

• 2010-10-13Final Order Issued
• 2010-10-13Complaint Filed/Proposed Order
• 2011-01-06Enforcement Action Data Entered