EPA v. UNIFIED CHEMICAL, INC.

Case summary

3/31/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $472. ON OR ABOUT AUG 12, 2009, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE INSPECTOR OBTAINED THE LABEL USED BY RESPONDENT IN CONNECTION WITH THE DISTRIBUTION AND/OR SALE OF PRENTOX PERM-X UL 30-30. THE LABEL LACKED THE FOLLOWING REQUIRED PRODUCT INFORMATION: - PRODUCT REGISTRATION NUMBER; - PRODUCING ESTABLISHMENT NUMBER; - NET WEIGHT OR MEASURE OF THE PRODUCT CONTENTS; - INGREDIENT STATEMENT; - DIRECTIONS FOR USE; - FIRST AID STATEMENT; AND - HUMAN HAZARD AND PRECAUTIONARY STATEMENTS. PURSUANT TO FIFRA SEC 2(q)(2)(C), A PESTICIDE IS MISBRANDED IF THERE IS NOT A LABEL AFFIXED TO THE PESTICIDE CONTAINER THAT PROVIDES THE INFO REQUIRED BY FIFRA AND ITS IMPLEMENTING FEDERRAL REGULATIONS. UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 8 OCCASIONS. AT THE TIME THAT RESPONDENT PRODUCED THE PRENTOX PERM-X UL 30-30, RESPONDENT WAS NOT REGISTERED WITH THE ADMINSTRATOR OF THE 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 AS SET OF SEC 7 OF FIFRA. RESPONDENT VIOLATED FIFRA 12(a)(2)(L).

Defendants (1)

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

Facilities (1)

• UNIFIED CHEMICAL INC

  266 HAMER RD OWENS CROSS RDS, OWEN CROSS ROAD, AL, 35763

  Registry ID: 110015852068

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• UNIFIED CHEMICAL, INC.entered 2011-03-31

  Primary law: FIFRA

  Federal penalty: $472

Timeline (4 milestones)

• 2011-03-31Complaint Filed/Proposed Order
• 2011-03-31Final Order Issued
• 2011-04-07Enforcement Action Data Entered
• 2011-04-18Enforcement Action Closed