EPA v. HARRELL'S, LLC

Case summary

2/11/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,190. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT THE TIME OF THE INSPECTION, THE HARRELL'S TURF FERTILIZER WITH RONSTAR 0.95 , WAS OBSERVED AT THE FACILITY. THIS PRODUCT IS A MIXTURE OF A FERTILIZER AND RONSTAR 0.95, AN EPA REGISTERED PESTICIDE ASSIGNED EPA REGISTRATION NO. 52287-1. BASED ON THE EVIDENCE FROM THE INSPECTION, EPA HAS DETERMINED THAT THE END-USE PRODUCT LABELING FOR RONSTAR 0.95 INCLUDED WITH THE BLEND FAILED TO MEET THE LABELING REQUIREMENTS PURSUANT TO 40 CFR SECTION 156, IN THAT IT FAILED TO BEAR COMPLETE DIRECTIONS FOR USE STATEMENTS. SINCE RESPONDENT DID NOT COMPLY WITH THE SCOPE OF THE CUSTOM BLENDER REQUIREMENTS FOUND AT 40 CFR SECTION 167, THE BLEND OF A FERTILIZER AND AN EPA REGISTERED PESTICIDE IS REQUIRED TO BE REGISTERED AS A PESTICIDE. HARRELL'S TURF FERTILIZER WITH RONSTAR 0.95 IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7.U.S.C SECTION 136(u). RESPONDENT DISTRIBUTED AND SOLD THE PESTICIDE ON AT LEAST ONE OCCASION. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). AT THE TIME OF INSPECTION, THE HARRELL'S TURF WITH BARRICADE .30, WAS OBSERVED AT THE FACILITY. THIS PRODUCT IS A MIXTURE OF A FERTILIZER AND BARRICADE .30, AN EPA REGISTERED PESTICIDE ASSIGNED EPA REGISTRATION NO. 8660-162. BASED ON THE EVIDENCE FROM THE INSPECTION, EPA HAS DETERMINED THAT THE END-USE PRODUCT LABELING FOR BARRICADE .30 INCLUDED WITH THE BLEND FAILED TO MEET THE LABELING REQUIREMENTS PURSUANT TO 40 CFR SECTION 156, IN THAT IT FAILED TO BEAR COMPLETE DIRECTIONS FOR USE STATEMENTS. SINCE RESPONDENT DID NOT COMPLY WITH THE SCOPE OF THE CUSTOM BLENDER REQUIREMENTS FOUND AT 40 CFR SECTION 167, THE BLEND OF A FERTILIZER AND AN EPA REGISTERED PESTICIDE IS REQUIRED TO BE A REGISTERED AS A PESTICIDE. HARRELL'S TURF WITH BARRICADE .30, IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u). RESPONDENT DISTRIBUTED AND SOLD THE PESTICIDE ON AT LEAST ONE OCCASION. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).

Defendants (1)

• HARRELL'S, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• HARRELL'S INC

  720 KRAFT RD, LAKELAND, FL, 33802

  Registry ID: 110017773113

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• HARRELL'S, LLCentered 2010-02-11

  Primary law: FIFRA

  Federal penalty: $8,190

Timeline (4 milestones)

• 2010-02-11Complaint Filed/Proposed Order
• 2010-02-11Final Order Issued
• 2010-02-17Enforcement Action Data Entered
• 2010-03-03Enforcement Action Closed