EPA v. ASTYPTODYNE CHEMICAL COMPANY, INC.

Case summary

8/24/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $100, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT APR 8, 2009, EPA CONDUCTED AN INSPECTION AT WALGREENS #6951, LOCATED AT 45212 OLEANDER DRIVE, WILMINGTON, NC. THE INSPECTION REVEALED THAT THE PRODUCT SKEE-TER-GO WAS SOLD AND DISTRIBUTED BY THE RESPONDENT. RESPONDENT MADE PESTICIDAL CLAIMS ON THE LABLE FOR SKEE-TER-GO INCLUDING INSECT REPELLENT AND PUTS INSECTS ON THE MOVE WHILE THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH EPA. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SECTION 3. RESPONDENT VIOLATED FIFRA 12(a)(1)(A) BY SELLING AND DISTRIBUTING THE UNREGISTERED PESTICIDE SKEE-TER-GO! ON OR ABOUT MAY 14, 1009, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S PRODUCTION FACILITY LOCATED AT 221 N. CHANNEL HAVEN DRIVE, WILMINGTON, NC. AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PESTICIDE SKEE-TER-GO! IN A FACILITY 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 ADMINISTRATOR OF EPA. RESPONDENT VIOLATED SECTION 12(a)(2)(L) OF FIFRA.

Defendants (1)

• ASTYPTODYNE CHEMICAL COMPANY, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• ASTYPTODYNE CHEMICAL COMPANY, INC.

  221 NORTH CHANNEL HAVEN DRIVE, WILMINGTON, NC, 28405

  Registry ID: 110042340115

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ASTYPTODYNE CHEMICAL COMPANY, INC.entered 2010-08-24

  Primary law: FIFRA

  Federal penalty: $100

Timeline (4 milestones)

• 2010-08-24Complaint Filed/Proposed Order
• 2010-08-24Final Order Issued
• 2010-08-30Enforcement Action Data Entered
• 2010-09-14Enforcement Action Closed