EPA v. ZEP, INC.

Case summary

12/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT MAY 7, 2008, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY. DURING THE AFOREMENTIONED INSPECTION, THE INSPECTOR COLLECTED A PHYSICAL SAMPLE OF STX-100, EPA REG. 491-321, WHICH IS PRODUCED BY RESPONDENT. STX-100 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. THE REGISTRATIION DOCUMENTS ACCEPTED BY EPA FOR STX-100 STATE THAT IT CONTAINS 4.25% OF THE ACTIVE INGREDIENT, DIDECYL DIMETHYL AMMONIUM CHLORIDE. A SAMPLE OF STX-100 COLLECTED DURING THE AFOREMENTIONED INSPECTION WAS ANALYZED USING THE FERRICYANIDE TITRATION METHOD AND FOUND TO CONTAIN 3.64% OF THE ACTIVE INGREDIENT. SECTION 12(a)(1)(C) OF FIFRA, 7 U.S.C SECTION 136j(a)(1)(C), STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY REGISTERED PESTICIDE THE COMPOSITION OF WHICH DIFFERS AT THE TIME OF ITS DISTRIBUTION OR SALE FROM ITS COMPOSITION AS DESCRIBED IN THE STATEMENT REQUIRED IN CONNECTION WITH ITS REGISTRATION UNDER SECTION 3. THE LABEL ON STX-100, AS PACKAGED WHEN OFFERED FOR SALE AT THE FACILITY WAS FALSE AND MISLEADING REGARDING ITS CONTROL OF STAPHYLOCOCCUS AUREAUS, WHEN USED ACCORDING TO LABEL DIRECTIONS AS A ONE STEP HOSPITAL DISINFECTANT FOR A CONTACT TIME OF 10 MINUTES. UNDER SECTION 12(a)(1)(E) OF FIFRA, 7 U.S.C SECTION 136j(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH IS MISBRANDED.

Defendants (1)

• ZEP, INC.Named in complaintNamed in settlement

Facilities (6)

• ZEP MANUFACTURING COMPANY

  1310 SEABOARD INDUSTRIAL BOULEVARD N W, ATLANTA, GA, 30301

  Registry ID: 110000357694

• ZEP MANUFACTURING COMPANY

  1310 SEABOARD INDUSTRIAL BOULEVARD N W, ATLANTA, GA, 30301

  Registry ID: 110000357694

• ZEP MANUFACTURING COMPANY

  1310 SEABOARD INDUSTRIAL BOULEVARD N W, ATLANTA, GA, 30301

  Registry ID: 110000357694

• ZEP MANUFACTURING COMPANY

  1310 SEABOARD INDUSTRIAL BOULEVARD N W, ATLANTA, GA, 30301

  Registry ID: 110000357694

• ZEP MANUFACTURING COMPANY

  1310 SEABOARD INDUSTRIAL BOULEVARD N W, ATLANTA, GA, 30301

  Registry ID: 110000357694

• ZEP MANUFACTURING COMPANY

  1310 SEABOARD INDUSTRIAL BOULEVARD N W, ATLANTA, GA, 30301

  Registry ID: 110000357694

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1C — Composition Difference

Enforcement conclusions (1)

• ZEP, INC.entered 2009-12-04

  Primary law: FIFRA

  Federal penalty: $18,000

Timeline (4 milestones)

• 2009-12-04Complaint Filed/Proposed Order
• 2009-12-04Final Order Issued
• 2009-12-07Enforcement Action Data Entered
• 2010-01-03Enforcement Action Closed