EPA v. AMISTAD HARDWARE CORP.

Case summary

12/15/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,300. FOUR PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE ENTIRE CIVIL PENALTY, INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. ON OR ABOUT JAN 18, 2007, EPA CONDUCTED AN INSPECTION AT AMISTAD HARDWARE dba VELASCO'S HARDWARE #3, LOCATED AT 9881 NORTH KENDALL DRIVE, MIAMI, FL. DURING THE INSPECTION, VELASCO'S HARDWARE #3 CHLORINATING SOLUTION, WAS IDENTIFIED AS BEING REPACKAGED, SOLD AND DISTRIBUTED BY RESPONDENT. THE LABEL ALSO INCLUDED EPA REGISTRATION NUMBER 33458-20002-45664. THE PRODUCT REGISTRATION NUMBER WAS CANCELLED ON OCT 24, 2003 AND HAS NOT BEEN RE-REGISTERED. ACCORDING TO FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS UNREGISTERED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PESTICIDE VELASCO'S HARDWARE #3 CHLORINATING SOLUTION IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. ACCORDING TO SECTION 12(a)(2)(L) OF FIFRA, IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).

Defendants (1)

• AMISTAD HARDWARE CORP. (SB)Named in complaintNamed in settlement

Facilities (1)

• AMISTAD HARDWARE CORP DBA VELASCO'S HARDWARE #3

  9881 NORTH KENDALL DRIVE, MIAMI, FL, 33176

  Registry ID: 110038274738

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• AMISTAD HARDWARE CORP.entered 2009-12-15

  Primary law: FIFRA

  Federal penalty: $6,300

Timeline (4 milestones)

• 2009-12-15Final Order Issued
• 2009-12-15Complaint Filed/Proposed Order
• 2009-12-16Enforcement Action Data Entered
• 2010-10-29Enforcement Action Closed