EPA v. ENVIROFOAM TECHNOLOGIES, INC.

Case summary

4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $$6,963. EIGHT PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE ENTIRE CIVIL PENALTY INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAYS INTERVALS THEREAFTER. ON OR ABOUT 4/29/08, EPA CONDUCTED AN INSPECTION AT ENVIROFOAM TECHNOLOGIES, INC., HUNTSVILLE, AL. DURING THE INSPECTION, EFT EASY DECON IV, EPA REG. NO. 74436-2; EFT EASY DECON IAQ, EPA REG. NO. 74436-2; AND EFT CRYSTAL CLEAR, EPA REG. NO. 74436-2, WERE IDENTIFIED AS BEING SOLD AND DISTRIBUTED BY RESPONDENT. AT THE TIME OF THE INSPECTION THE LABEL ON EFT EASY DECON IV, EPA REG. NO. 74436-1, WAS MISBRANDED IN THAT IT BORE DIRECTION FOR USE FOR FOGGING AND MISTING APPLICATIONS WHICH ARE NOT INCLUDED ON THE EPA ACCEPTED LABEL FOR THIS PESTICIDE. AT THE TIME OF THE INSPECTION THE LABEL ON EFT EASY DECON IV, EPA REG. NO. 74436-1, WAS MISBRANDED IN THAT IT BORE TWO DIFFERENT EPA REGISTRATION NUMBERS, INCLUDING THE CORRECT NUMBER EPA REG. NO. 74436-1 AND THE INCORRECT EPA REG. NO. 74436-2. AT THE TIME OF THE INSPECTION THE LABEL ON EFT CRYSTAL CLEAR, EPA REG. NO. 74436-2, WAS MISBRANDED IN THAT THE LABEL BORE TWO DIFFERENT EPA REGISTRATION NUMBERS, INCLUDING THE CORRECT EPA REG. NO. 74436-2 AND THE INCORRECT EPA REG. NO. 74436-1. AT THE TIME OF THE INSPECTION THE LABEL ON EFT EASY DECON IAQ, EPA REG. NO. 74436-2, WAS MISBRANDED IN THAT THE LABEL BORE TWO EPA REGISTRATION NUMBERS, INCLUDING THE CORRECT EPA REG. NO. 74436-2 AND THE INCORRECT EPA REG. NO. 74436-1. ACCORDING TO SECTION 2(q)(1)(A) OF FIFRA, A PESTICDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIS REPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. ACCORDING TO SECTION 12(a)(1)(E) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(E) ON AT LEAST 3 OCCASIONS.

Defendants (1)

• ENVIROFOAM TECHNOLOGIES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• ENVIROFOAM TECHNOLOGIES INC

  1012 OSTER DR STE A, HUNTSVILLE, AL, 35816

  Registry ID: 110038276415

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• ENVIROFOAM TECHNOLOGIES, INC.entered 2010-04-06

  Primary law: FIFRA

  Federal penalty: $6,963

Timeline (4 milestones)

• 2010-04-06Final Order Issued
• 2010-04-06Complaint Filed/Proposed Order
• 2010-05-10Enforcement Action Data Entered
• 2010-05-13Enforcement Action Closed