EPA v. BIO-LAB, INC.

Case summary

8/24/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY FO $1,600. ALLEGATIONS: RESPONDENT PRODUCES, DISTRIBUTES, AND SELLS BIOGUARD MAINTAIN SILK SMART STICKS, EPA REG. NO. 5185-400. PRIOR TO JAN 21, 2010, RESPONDENT DISTRIBUTED BIOGUARD MAINTAIN SILK SMART STICKS WHICH WERE MISBRANDED IN THAT THE LABELS DID NOT BEAR A COMPLETE INGREDIENT STATEMENT WITH THE PERCENTAGE OF ITS ACTIVE INGREDIENT. ACCORDING TO 40 CFR 156.10(g), THE LABEL OF EACH PESTICIDE PRODUCT MUST BEAR A STATEMENT WHICH CONTAINS THE NAME AND PERCENTAGE BY WEIGHT OF EACH ACTIVE INGREDIENT. SECTION 2(q)(1)(E) OF FIFRA STATES THAT A PESTICIDE IS MISBRANDED IF ANY WORD, STATEMENT, OR OTHER INFO REQUIRED BY THIS ACT TO APPEAR ON THE LABEL OR LABELING IS NOT PROMINENTLY PLACED THEREON. 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 REGISTERED PESTICDE THAT IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 1 OCCASION. RESPONDENT PRODUCES, DISTRIBUTES AND SELLS SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE, EPA REG. NO. 5185-441-10305. PRIOR TO JAN 21, 2010, RESPONDENT DISTRIBUTED SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE WHICH BORE A LABEL CLAIM OF AVAILABLE CHLORINE 90% , WHICH WAS NOT APPROVED AS A PART OF ITS REGISTRATION UNDER FIFRA SECTION 3. ACCORDING TO FIFRA SECTION 3(c)(1)(C), EACH APPLICANT FOR REGISTRATION OF A PESTICIDE SHALL FILE WITH THE ADMINISTRATOR A STATEMENT WHICH INCLUDES A STATEMENT FOR ALL CLAIMS TO BE MADE FOR IT. UNDER SECTION 12(a)(1)(B) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY REGISTERED PESTICIDE IF ANY CLAIMS MADE FOR IT AS A PART OF ITS DISTRIBUTION OR SALE SUBSTANTIALLY DIFFER FROM ANY CLAIMS MADE FOR IT AS A PART OF THE STATEMENT REQUIRED IN CONNECTION WITH ITS REGISTRATION UNDER SECTION 3. RESPONDENT VIOLATED FIFRA SEC 3 ON AT LEAST 1 OCCASION. ON OR ABOUT JAN 21, 2010, RESPONDENT SELF-DISCLOSED THE TWO VIOLATIONS.

Defendants (1)

• BIO-LAB, INC.Named in complaintNamed in settlement

Facilities (7)

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIOLAB INC

  1725 NORTH BROWN RD, LAWRENCEVILLE, GA, 30043

  Registry ID: 110018901189

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

• BIO LAB INCORPORATED

  1700 OLD COVINGTON HIGHWAY SOUTHWEST, CONYERS, GA, 30012

  Registry ID: 110007087213

Statutes cited

• FIFRA 12A2B — Refuse Records, Reports, Entry
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BIO-LAB, INC.entered 2010-08-24

  Primary law: FIFRA

  Federal penalty: $1,600

Timeline (4 milestones)

• 2010-08-24Complaint Filed/Proposed Order
• 2010-08-24Final Order Issued
• 2010-08-30Enforcement Action Data Entered
• 2010-09-29Enforcement Action Closed