EPA v. MARC WEISS COMPANIES, INC.

Case summary

2/1/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. 12 PAYMENTS WILL BE MADE TO COMPLETE THE PAYMENT OF THE ENTIRE PENALTY, INCLUDING INTEREST. THE FIRST INSTALLMENT IS DUE WITHIN 90 DAYS. THE SUBSEQUENT 11 PAYMENTS SHALL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT AUG 15, 2007, EPA INSPECTED RESPONDENT'S FACILITY. THE INSPECTION REVEALED THAT THE PRODUCT ALGAE MAGIC WAS DISTRIBUTED BY RESPONDENT AS AN AQUARIUM PRODUCT. AT THE TIME OF THE INSPECTION, THE ALGAE MAGIC PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA. THE INSPECTOR DOCUMENTED THAT THE ALGAE MAGIC PRODUCT WAS OFFERED FOR SALE BY RESPONDENT BOTH AT THE RESPONDENT'S FACILITY AND ON RESPONDENT'S WEBSITE. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. RESPONDENT VIOLATED FIFRA 12(a)(1)(A). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PRODUCT IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. UNDER FIFRA 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE EPA. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L). AT THE TIME OF THE INSPECTION, THE ALGAE MAGIC PRODUCT WAS MISBRANDED AS THE TERM IS DEFINED IN SEC 2(q) OF FIFRA, IN THAT THE LABELING FOR THE PRODUCT DID NOT CONTAIN THE FOLLOWING INFO: A. AN ESTABLISHMENT NUMBER; B. STORAGE AND DISPOSAL STATEMENT; C. WARNING OR CAUTION STATEMENT; AND D. FIRST AID STATEMENT. UNDER FIFRA (a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL OR ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(E).

Defendants (1)

• MARC WEISS COMPANIES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• MARC WEISS COMPANIES, INC.

  5935 RAVENSWOOD ROAD, E20, FORT LAUDERDALE, FL, 33312

  Registry ID: 110010721497

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MARC WEISS COMPANIES, INC.entered 2011-02-01

  Primary law: FIFRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2011-02-01Complaint Filed/Proposed Order
• 2011-02-01Final Order Issued
• 2011-02-17Enforcement Action Data Entered
• 2013-02-25Enforcement Action Closed