EPA v. GROVES HARDWARE PAINT & LUMBER COMPANY, INC.

Case summary

2/1/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000 DUE IN INSTALLMENT PAYMENTS. THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS. THE SUBSEQUENT THREE PAYMENTS SHALL BE DUE IN 90 DAY INTERVALS THEREAFTER. ALLEGATIONS: ON OR ABOUT 2/22/08, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, SEVERAL PRODUCTS WHOSE REGISTRATIONS HAD BEEN CANCELLED BY EPA WERE IDENTIFIED AS BEING SOLD BY RESPONDENT, INCLUDING RID-A-BUG OUTDOOR INSECT BARRIER GRANULAR INSECT KILLER (EPA REG. NO. 8845-41) AND ENFORCER FLEA SPRAY FOR CARPET AND FURNITURE II (EPA REG. NO. 11715-139-40849). AS OF DEC 31, 2001, IT BECAME UNLAWFUL TO SELL ANY PRODUCT CONTAINING CHLOROPYRIFOS AS ITS ACTIVE INGREDIENT FOR RESIDENTIAL USE. BOTH OF THE PRODUCTS REFERENCED ABOVE CONTAIN THE CHEMICAL CHLORPYRIFOS AS AN ACTIVE INGREDIENT. ACCORDING TO FIFRA SEC 3, PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE UNITED STATES ARE REQUIRED TO BE REGISTERED WITH THE EPA. AT THE TIME OF INSPECTION, RID-A-BIG OUTDOOR INSECT BARRIER GRANULAR INSECT KILLER AND ENFORCER FLEA SPRAY FOR CARPET FURNUTURE II WERE NOT REGISTERED AS PESTICIDES WITH EPA. DURING THE INSPECTION, THE INSPECTOR DOCUMENTED THAT RID-A-BUG OUTDOOR INSECT BARRIER GRANULAR INSECT KILLER AND ENFORCER FLEA SPRAY FOR CARPET AND FURNITURE II WERE OFFERED FOR SALE. UNDER FIFRA SEC 12(a)(1)(A) OF FIFRA IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3 OR ANY PESTICIDE WERE THE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) ON AT LEAST ONE OCCASION FOR RID-A-BUG OUTDOOR INSECT BARRIER GRANULAR INSECT KILLER AND ONE OCCASION FOR ENFORCER FLEA SPRAY FOR CARPET AND FURNITURE II.

Defendants (1)

• GROVES HARDWARE PAINT & LUMBER COMPANY, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• GROVES HARDWARE PAINT & LUMBER COMPANY, INC.

  1417 SOUTH STATE ROAD 7, DAVIE, FL, 33317-6404

  Registry ID: 110043472104

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• GROVES HARDWARE PAINT & LUMBER COMPANY, INC.entered 2011-02-01

  Primary law: FIFRA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2011-02-01Final Order Issued
• 2011-02-01Complaint Filed/Proposed Order
• 2011-02-08Enforcement Action Data Entered
• 2011-02-23Enforcement Action Closed