EPA v. HELENA CHEMICAL COMPANY

Case summary

3/31/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,370. ON OR ABOUT JUNE 6, 2008, EPA CONDUCTED AN INSPECTION AT WILMINGTON COUNTRY CLUB, 425 KENNETT PIKE, WILMINGTON, DE. DURING THE INSPECTION, THE INSPECTOR DETERMINED THAT HM-9930 , AN UNREGISTERED PESTICIDE USED FOR EXPERIMENTAL PURPOSES, WAS MISBRANDED AND HAD BEEN DISTRIBUTED OR SOLD BY RESPONDENT. THE INSPECTOR OBTAINED EVIDENCE DOCUMENTING THE DISTRIBUTION OF THE HM-9930 PRODUCT TO WILMINGTON COUNTRY CLUB. PURSUANT TO 40 CFR 152.30(c)(2), AN UNREGISTERED PESTICIDE MAY BE DISTRIBUTED OR SOLD IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 172.3 PROVIDED THAT THE PRODUCT IS LABELED IN ACCORDANCE WITH 40 CFR PART 156, LABELING REQUIREMENTS FOR PESTICIDES. PURSUANT TO 40 CFR 156.10(a)(3), ALL REQUIRED LABEL OR LABELING TEXT SHALL APPEAR IN ENGLISH. AT THE TIME OF THE INSPECTION, THE LABEL TEXT OF THE HM-9930 PRODUCT WAS NOT IN ENGLISH. AS DETERMINED DURING THE INSPECTION, RESPONDENT HAD DISTRIBUTED OR SOLD HM-9930 WITH A LABEL THAT WAS NOT WRITTEN IN ENGLISH. THEREFORE, RESPONDENT DISTRIBUTED A MISBRANDED PESTICIDE. UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 3 OCCASIONS.

Defendants (1)

• HELENA CHEMICAL COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• HELENA CHEMICAL CO

  225 SCHILLING BLVD, SUITE 300, COLLIERVILLE, TN, 38017-

  Registry ID: 110015788094

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• HELENA CHEMICAL COMPANYentered 2011-03-31

  Primary law: FIFRA

  Federal penalty: $8,370

Timeline (4 milestones)

• 2011-03-31Final Order Issued
• 2011-03-31Complaint Filed/Proposed Order
• 2011-04-07Enforcement Action Data Entered
• 2011-04-14Enforcement Action Closed