EPA v. CARIBBEAN SUPERCENTER, INC.

Case summary

5/26/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,000, PLUS INTEREST, DUE IN 4 QTRLY INSTALLMENTS. FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT MAR 14, 2007, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S RETAIL FACILITY. THE INSPECTION REVEALED THAT THE FOLLOWING PRODUCTS WERE IDENTIFIED AS BEING OFFERED FOR SALE BY RESPONDENT: ORIGINAL KING PINE CONCENTRATED DISINFECTANT; ROYALTY BLACK DISINFECTANT; HARPIC POWERONS GEL. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). THE PRODUCTS WERE MISBRANDED AS THE TERM IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE, AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE; E. THE ORIGINAL KING PINE CONCENTRATED DISINFECTANT LABEL ALSO CONTAINED THE STATEMENT EPA ESTABLISHMENT NUMBER 62644-OH-1 WHICH IS FALSE AND MISLEADING IN THAT THE NUMBER IS INACTIVATED. ACCORDING TO FIFRA SEC 12(a)(1)(E) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH IS MISBRANDED. THE MAR 14, 2007, INSPECTION REVEALED THAT THE FOLLOWING PRODUCTS WERE ALSO IDENTIFIED AS BEING OFFERED FOR SALE BY RESPONDENT: FISH MOSQUITO DESTROYER; BOP INSECTICIDE SPRAY; BAYGON AEROSOL AGAINST FLYING AND CRAWLING INSECTS. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IT IS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. THE PRODUCTS WERE MISBRANDED AS THE TERMS IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR EPA REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE. ACCORDING TO FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH IS MISBRANDED. THE PRODUCTS WERE IMPORTED FROM TRINIDAD AND OFFERED FOR SALE BY RESPONDENT. REPONDENT IMPORTED THE PRODUCTS WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES WITH THE ADMINISTRATOR OF EPA. SECTION 12(a)(2)(N) STATE THAT IT IS UNLAWFUL FOR A REGISTRANT, WHOLESALER, DEALER, RETAILER, OR OTHER DISTRIBUTOR TO FAIL TO FILE REQUIRED REPORTS. THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES IS A REPORT REQUIRED BY FIFRA THAT MUST BE FILED WITH THE ADMINISTRATOR OF EPA PRIOR TO THE ARRIVAL OF EACH PESTICIDE SHIPPED INTO THE U.S.

Defendants (1)

• CARIBBEAN SUPERCENTER, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CARIBBEAN SUPERCENTER, INC.

  5111 WEST COLONIAL DRIVE, ORLANDO, FL, 32808

  Registry ID: 110041880514

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• CARIBBEAN SUPERCENTER, INC.entered 2010-05-26

  Primary law: FIFRA

  Federal penalty: $8,000

Timeline (4 milestones)

• 2010-05-26Complaint Filed/Proposed Order
• 2010-05-26Final Order Issued
• 2010-06-10Enforcement Action Data Entered
• 2011-03-29Enforcement Action Closed