EPA v. ROBBINS ASSOCIATION/IRRIGATION-MART, INC.

Case summary

1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $12,750, DUE WITHIN 30 DAYS. RESPONDENT ORDERED THE TREATED WOODEN TOMATO STAKES FROM QUALITY EXPORT IN TEGUCIPALPA, HONDURAS. THE TREATED STAKES WERE IMPORTED INTO THE U.S. ON OR ABOUT JAN 14, 2009. RESPONDENT IS LISTED AS THE CONSIGNEE OF RECORD FOR THE IMPORTED TREATED STAKES. THE STAKES WERE COMPOSED OF WOOD THAT WAS 1 INCH THICK AND 1 INCH WIDE AND TREATED WITH THE WOOD PRESERVATIVE CHROMATED COPPER ARSENATE (CCA). SUBSEQUENT TO JAN 1, 2004, THE LABELS ON CCA PRODUCTS REGISTERED IN THE U.S. BEAR DIRECTIONS FOR USE AS A WOOD PRESERVATIVE TREATMENT ON SPECIFIC CATEGORIES OF FOREST PRODUCTS, WHICH DO NOT INCLUDE 1-INCH-BY-ONE-INCH WOOD UNDER THE AMERICAN WOOD PROTECTION ASSOCIATION (AWPA) C16 STANDARD, WOOD USED ON FARMS - PRESERVATIVE TREATMENT BY PRESSURE PROCESSES. EPA'S CCA GUIDANCE SPECIFICALLY EXCLUDES TOMATO STAKES FROM TREATMENT WITH CCA WOOD PRESERVATIVES UNDER THE AWPA C16 STANDARD. NO OTHER AWPA STANDARD PERMITS THE USE OF CCA WOOD PRESERVATIVES ON TOMATO STAKES. WHEN CCA WOOD PRESERVATIVES ARE APPLIED TO PROTECT THE WOOD AGAINST INSECT OR FUNGUS INFECTATION IN ACCORDANCE WITH LABEL INSTRUCTIONS, THE FOREST PRODUCT IN CONSIDERED A TREATED ARTICLE AND THE PRODUCT IS EXEMPT FROM THE REQUIREMENTS OF FIFRA. THE STAKES ARE NOT ELIGIBLE FOR THE TREATED ARTICLE EXEMPTION BECAUSE THE USE OF CCA ON TOMATO STAKES IS NOT AUTHORIZED BY THE LABEL ON CCA PRODUCTS REGISTERED FOR USE IN THE U.S. SINCE THE STAKES DO NOT MEET THE TREATED ARTICLE EXEMPTION, THEY ARE CONSIDERED PESTICIDES. RESPONDENT DID NOT REGISTER THE STAKES AS A PESTICIDE WITH THE ADMINISTRATOR PRIOR TO THE SALE OR DISTRIBUTION, IN VIOLATION OF FIFRA SEC 12(a)(1)(A). RESPONDENT IMPORTED CCA-TREATED STAKES WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICDES AND DEVICES WITH THE ADMINISTRATOR OF EPA, IN VIOLATION OF FIFRA SECTION 12(a)(2)(N).

Defendants (2)

• ROBBINS ASSOCIATION (SB)Named in complaintNamed in settlement
• IRRIGATION-MART, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CHIQUITA BRANDS INC

  HIGHWAY 90 & 30TH AVENUE, GULFPORT, MS, 39502

  Registry ID: 110007646976

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ROBBINS ASSOCIATION/IRRIGATION-MART, INC.entered 2010-01-26

  Primary law: FIFRA

  Federal penalty: $12,750

Timeline (4 milestones)

• 2010-01-26Final Order Issued
• 2010-01-26Complaint Filed/Proposed Order
• 2010-02-16Enforcement Action Closed
• 2010-02-24Enforcement Action Data Entered