EPA v. SANDMAN AMERICA INC.

Case summary

5/18/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,700. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT APRIL 23, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT BELLS FERRY ACE HARDWARE STORE, 6437 HWY. 92, ACWORTH, GEORGIA 30102. DURING THE AFOREMENTIONED INSPECTION, SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WAS OBSERVED AT THE FACILITY. THIS PRODUCT IS A MIXTURE OF A FERTILIZER AND REGALSTAR II AN EPA REGISTERED PESTICIDE ASSIGNED EPA REGISTRATION NUMBER 48234-15. ON OR ABOUT APRIL 23, 2009, THE INSPECTOR OBTAINED EVIDENCE DOCUMENTING THE OFFER FOR SALE OF THE SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II ON THE COMPANY'S WEB-SITE. SANDMAN PROFESSIONAL TURF TOPDRESS FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCE INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II, IS AN UNREGISTERED PESTICIDE. ON APRIL 23, 2009, RESPONDENT OFFERED FOR SALE SANDMAN PROFESSIONAL TURF TOPDRESSER FERTILIZER EARLY SEASON BLEND 22-0-22 WITH REGALSTAR II, AN UNREGISTERED PESTICIDE. UNDER SECTION 12(a)(1)(A) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, ON AT LEAST ONE OCCASION.

Defendants (1)

• SANDMAN AMERICA, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• SANDMAN AMERICA, INC.

  483 BILL WATKINS ROAD, HOSCHTON, GA, 30548

  Registry ID: 110043704952

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• SANDMAN AMERICA INC.entered 2011-05-18

  Primary law: FIFRA

  Federal penalty: $2,700

Timeline (4 milestones)

• 2011-05-18Complaint Filed/Proposed Order
• 2011-05-18Final Order Issued
• 2011-05-23Enforcement Action Data Entered
• 2011-06-07Enforcement Action Closed