EPA v. MILLER TROPHY ROOM, INC.

Case summary

3/4/10 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR ABOUT JAN 21, 2010 AND FEB 4, 2010, EPA INPECTED RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTIONS, EPA HAD REASON TO BELIEVE TERMIDOR SC WAS BEING USED BY RESPONDENT TO CONTROL PESTS, INCLUDING BUT NOT LIMITED TO, THE COMMON CLOTHES MOTH AND THE CARPET BEETLE AND THEIR LARVAE, ON MOUNTED TROPHY AMIMALS. DURING THE INSPECTIONS, AT LEAST A PORTION OF THE PRODUCT TERMIDOR SC PURCHASED BY RESPONDENT WAS STORED IN A LOCKED WAREHOUSE LOCATED BEHIND RESPONDENT'S FACILITY. THE LABEL ON TERMIDOR SC UNDER DIRECTIONS FOR USE SPECIFICALLY STATES DO NOT USE INDOORS EXCEPT FOR APPLICATIONS INTO WALL VOIDS. THE LABLE ON TERMIDOR SC DOES NOT INCLUDE DIRECTIONS FOR USE TO CONTROLT HE COMMON CLOTHES MOTH AND THE CARPET BEETLE AND THEIR LARVAE OR THE APPLICATION OF THE PESTICDE ON TROPHY ANIMAL MOUNTS. ACCORDING TO FIFRA SECTION 12(a)(2)(G), IT IS UNLAWFUL FOR ANY PERSON TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH INTS LABELING. AT THE TIME OF THE INSPECTIONS, EPA HAD REASON TO BELIEVE TERMIDOR SC WAS BEING RELABELS BY RESPONDENT TO INDICATE IT WAS A PESTICIDE FORMULA PRODUCED BY MILLER TROPHY ROOM. AT THE TIME OF THE INSPECTION, RESPONDENT'S FACILITY WAS NOT REGISTERED AS A PESTICIDE PRODUCING ESTABLISHMENT WAS EPA. PURSUANT TO FIFRA SEC 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN AN UNREGISTERED ESTABLISHMENT. ORDER REQUIRES: RESPONDENT IS HEREBY ORDERED TO STOP ANY FURTHER DISTRIBUTION, SALE, USE, OR REMOVAL OF THE FOLLOWING PESTICIDE PRODUCT: TERMIDOR SC OR ANY OTHER PESTICIDES CONTAINING TERMIDOR SC. 5/5/10 - AMENDED STOP SALE, USE OR REMOVAL ORDER ISSUED. RESPONDENT IS HEREBY PERMITTED TO RELEASE 33 UNOPENED CONTAINERS OF THE 78-OUNCE TERMIDOR SC TO THE CONTROL OF A REPRESENTATIVE FROM THE BASF CORP WHO WILL ARRANGE A TIME WILL A MILLER TROPHY ROOM OFFICIAL, TO PICK UP THE SAID CONTAINERS AT THE LOCKED WAREHOUSE BEHIND THE MILLER TROPHY ROOM LOCATION IN RICHFIELD, NC. BASF IS THE PRODUCER OF TERMDIOR SC AND HAS AGREED FOR A REPRESENTATIVE OF THE CORP TO PICK UP THE UNOPENED PRODUCT AND TAKE IT TO A BASF LOCATION. AT THE BASF LOCATION, THE PRODUCT WILL BE INSPECTED AND, IF APPROPRIATE, WILL PLACE THE PRODUCT IN INVENTORY FOR RESALE. RESPONDENT IS TO PROVIDE WRITTEN VERIFICATION TO EPA WITHIN 3 DAYS AFTER THE UNOPENED PRODUCT HAS BEEN PICKED UP BY THE BASF REPRESENTATIVE AND TAKE TO A BASF LOCATION. RESPONDENT HAS MADE ARRANGEMENTS FOR THE ONE OPENED CONTAINER OF 78-OUNCE TERMIDOR SC TO BE PICKED UP AND PROPERLY DISPOSED OF MY THE NC DEPT OF AGRICULTURE. RESPONDENT IS TO PROVIDE WRITTEN VERIFICATION TO EPA WITHIN 3 DAYS AFTER THE OPENED PRODUCT HAS BEEN PICKED UP BY THE NC DEPT OF AGRICULTURE FOR PROPER DISPOSAL. RESPONDENT IS TO PROVIDE WRITTEN CERTIFICATION TO EPA WITHIN 7 DAYS OF RECEIPT OF THIS AMENDED ORDER THAT IS HAS NO OTHER OPENED OR UNOPENED CONTAINERS OF TERMIDOR SC IN ITS POSSESSION AND DOCUMENT HOW THIS WAS VERIFIED. OTHER THAN AS STATED IN THIS AMENDED ORDER, RESPONDENT SHALL NOT COMMENCE ANY FUTURE USE, SALE OR DISTRIBUTION OF TERMIDOR SC WITHOUT PRIOR WRITTEN APPROVAL FROM EPA.

Defendants (1)

• MILLER TROPHY ROOM, INC. (SB)Named in settlement

Facilities (1)

• MILLER TROPHY ROOM, INC.

  1134 WEST CHURCH STREET, RICHFIELD, NC, 28137

  Registry ID: 110041882497

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• MILLER TROPHY ROOM, INC.entered 2010-03-04

  Primary law: FIFRA

Timeline (3 milestones)

• 2010-03-04Final Order Issued
• 2010-05-05Amended Administrative Order
• 2010-06-18Enforcement Action Data Entered