EPA v. SUN WHOLESALE SUPPLY, INC. dba SUNCOAST CHEMICALS CO. AND PINCH A PENNY, INC.

Case summary

10/27/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,230, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT DEC 12, 2008, EPA CONDUCTED AN INSPECTION AT A PINCH A PENNY STORE IN NAPLES, FL. DURING THE INSPECTION, STOP BUG WAS IDENTIFIED AS BEING SOLD AND DISTRIBUTED AT THE STORE BY THE RESPONDENT. STOP BUG IN MANUFACTURED BY SUNCOAST CHEMICALS COMPANY. SUN WHOLESALE SUPPLY SELLS AND DISTRIBUTES STOP BUG TO THE PINCH A PENNY FRANCHISEE STORES, AND TO THIRD PARTY RETAILERS AND WHOLESALERS. THE LABEL ON STOP BUG CONTAINED PESTICIDAL CLAIMS THAT THE PRODUCT ELIMINATES FLOATING INSECTS FROM SWIMMING POOLS, AND ALLOWS FLOATING OR DIVING INSECTS TO DROP TO THE BOTTOM OF THE POOL FOR EASY REMOVAL BY VACUUM OR FILTRATION. AS A RESULT OF THE PESTICIDAL CLAIM ON ITS LABEL, STOP BUG IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. UNDER SECTION 12(a)(1)(A) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. THE PESTICIDE STOP BUG IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. BY SELLING AND DISTRIBUTING AN UNREGISTERED PESTICIDE, RESPONDENTS VIOLATED SECTION 12(a)(1)(A) OF FIFRA. PURSUANT TO FIFRA SECTION 2(a)(2)(A), A PESTICIDE IS MISBRANDED IF ITS LABEL DOES NOT BEAR AN INGREDIENT STATEMENT ON THE IMMEDIATE CONTAINER WHICH IS PRESENTED OR DISPLAYED UNDER CUSTOMARY CONDITIONS OF PURCHASE. AT THE TIME OF THE INSPECTION, THE STOP BUG PESTICIDE PRODUCT WAS MISBRANDED IN THAT THE LABEL DID NOT BEAR AN INGREDIENT STATEMENT AS REQUIRED BY SECTION 2(q)(2)(A) OF FIFRA. UNDER 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. BY SELLING AND DISTRIBUTING A MISBRANDED PESTICIDE, RESPONDENTS VIOLATED 12(a)(1)(E) OF FIFRA.

Defendants (3)

• PINCH A PENNY, INC.Named in complaintNamed in settlement
• SUNCOAST CHEMICALS COMPANYNamed in complaintNamed in settlement
• SUN WHOLESALE SUPPLY, INC.Named in complaintNamed in settlement

Facilities (1)

• PINCH A PENNY #122

  7935 AIRPORT-PULLING RD STE 3, NAPLES, FL, 34109

  Registry ID: 110038267309

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• SUN WHOLESALE SUPPLY, INC. dba SUNCOAST CHEMICALS CO. AND PINCH A PENNY, INC.entered 2010-10-27

  Primary law: FIFRA

  Federal penalty: $4,230

Timeline (4 milestones)

• 2010-10-27Complaint Filed/Proposed Order
• 2010-10-27Final Order Issued
• 2010-11-15Enforcement Action Closed
• 2010-11-17Enforcement Action Data Entered