EPA v. ARCH CHEMICALS, INC. dba ADVANTIS TECHNOLOGIES

Case summary

3/22/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $41,850. SPECIFIC ALLEGATIONS: ON OR ABOUT DEC 16, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED AT 1400 BLUEGRASS PARKWAY, ALPHARETTA, GA. DURING THE INSPECTION, THE REPRESENTATIVE NOTED THE FOLLOWING PRODUCTS WERE BEING SOLD OR DISTRIBUTED BY RESPONDENT: ROBARB PINK CURE AND ROBARB YELLO FREE. THE LABELS ON ROBARB PINK AND ROBARB YELLO FREE CONTAINED PESTICIDAL CLAIMS. ON OR ABOUT AUG 6, 2010, EPA CONDUCTED A REVIEW OF RESPONDENT'S WEBSITE. DURING THE REVIEW, EPA NOTED THE FOLLOWING PRODUCTS WERE OFFERED FOR SALE OR DISTRIBUTION ON RESPONDENT'S WEBSITE: ROBARB PINK CURE AND ROBARB YELLO FREE. AT THE TIME OF THE AUG 6, 2010, REVIEW, THE ADVERTISING FOR ROBARB PINK CURE AND ROBARB YELLO FREE MADE CLAIMS THAT THESE PRODUCTS WERE ALGAECIDES, WHICH IS A PESTICIDAL CLAIM. AT THE TIME OF THE INSPECTION AND REVIEW, ROBARB PINK CURE AND ROBARB YELLO FREE WERE NOT REGISTERED AS PESTICIDES WITH EPA. PURSUANT TO FIFRA 12(a)(1)(A) IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA 3. RESPONDENT VIOLATED FIFRA 12(a)(1)(A) BY SELLING AND DISTRIBUTING THE UNREGISTERED PESTICIDE ROBARB PINK CURE AS SET FORTH BELOW: ORDER NO: DATE SHIPPED 312038 NOV 18, 2008 310737 NOV 7, 2008 311048 NOV 5, 2008 311114 NOV 5, 2008 311134 OCT 24, 2008 311042 OCT 23, 2008 311060 OCT 16, 2008 RESPONDENT VIOLATED FIFRA 12(a)(1)(A) BY SELLING AND DISTRIBUTING THE UNREGISTERED PESTICIDE ROBARB YELLO FREE AS SET FORTH BELOW: ORDER NO: DATE SHIPPED: 312422 DEC 8, 2008 312038 NOV 18, 2008 311340 NOV 10, 2008 310737 NOV 7, 2008 311042 OCT 23, 2008 RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) BY SELLING AND DISTRIBUTING THE UNREGISTERED ROBARB PINK CURE AND ROBARB YELLO FREE ON ITS WEBSITE ON AUG 6, 2010.

Defendants (1)

• ARCH CHEMICALS, INC. dba ADVANTIS TECHNOLOGIESNamed in complaintNamed in settlement

Facilities (1)

• ADVANTIS TECHNOLOGIES, INC.

  1400 BLUEGRASS LAKES PARKWAY, ALPHARETTA, GA, 30004

  Registry ID: 110000499791

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ARCH CHEMICALS, INC. dba ADVANTIS TECHNOLOGIESentered 2011-03-22

  Primary law: FIFRA

  Federal penalty: $41,850

Timeline (4 milestones)

• 2011-03-22Complaint Filed/Proposed Order
• 2011-03-22Final Order Issued
• 2011-03-24Enforcement Action Data Entered
• 2011-04-19Enforcement Action Closed