EPA v. LA TORTILLERIA, INC.

Case summary

8/31/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,318. RESPONDENT SHALL MAKE A PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT APRIL 12, 2007, AN AUTHORIZED REPRESENTATIVE OF EPA CONDUCTED AN INSPECTION At 2900 LOWERY STREET, WINSTON SALEM, NORTH CAROLINA. DURING THE AFOREMENTIONED INSPECTION, IT DETERMINED THAT ON DECEMBER 20, 2006, RESPONDENT PURCHASED 120 CASES OF THE UNREGISTERED CLOROX CONCENTRADO-DESINFECTA FROM TRINUFO-MEX IMPORTS, 150 RUSSELL STREET, CITY OF INDUSTRY, CALIFORNIA 91744 AND RECEIVED THIS SHIPMENT ON JANUARY 5, 2007. CLOROX CONCENTRADO - DESINFECTA WAS MANUFACTURED IN MEXICO AND WAS DISTRIBUTED BY CLOROX DE MEXICO. THE CONTAINER LABEL FOR CLOROX CONCENTRADO - DESINFECTA WAS LACKING AN EPA PRODUCT REGISTRATION NUMBER, AN EPA PRODUCER ESTABLISHMENT NUMBER AND THE REQUIRED INGREDIENT STATEMENT ON THE FRONT PANEL OF THE LABEL. IN ADDITION, THE ENTIRE PRODUCT LABEL INCLUDING THE DIRECTIONS FOR USE AND THE PRECAUTIONARY STATEMENTS WAS ONLY WRITTEN IN SPANISH. AT THE TIME OF THE INSPECTION, CLOROX CONCENTRADO - DESINFECTA WAS OFFERED FOR SALE OR DISTRIBUTION AND WAS NOT REGISTERED AS A PESTICIDE WITH EPA. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). PURSUANT TO FIFRA 2(q)(1)(F), 7 U.S.C. SECTION 136(q)(1)(F), A PESTICIDE IS MISBRANDED IF ITS LABELING DOES NOT CONTAIN DIRECTIONS FOR USE WHICH ARE NECESSARY FOR EFFECTING THE PURPOSES. PURSUANT TO 40 CFR SECTION 156.10(a)(3), ALL REQUIRED LABEL OR LABELING TEXT SHALL APPEAR IN THE ENGLISH LANGUAGE. 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. RESPONDENT VIOLATED SECTION 12((A)(1)(E), OF FIFRA.

Defendants (1)

• LA TORTILLERIA, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• LA TORTILLERIA, INC.

  2900 LOWERY STREET, WINSTON-SALEM, NC, 27101

  Registry ID: 110042349250

Statutes cited

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

Enforcement conclusions (1)

• LA TORTILLERIA, INC.entered 2010-08-31

  Primary law: FIFRA

  Federal penalty: $6,318

Timeline (4 milestones)

• 2010-08-31Final Order Issued
• 2010-08-31Complaint Filed/Proposed Order
• 2010-09-20Enforcement Action Data Entered
• 2011-05-09Enforcement Action Closed