EPA v. A.R.L.O. ENTERPRISES, INC., D/B/A CREATION TOOL CO.

Case summary

5/18/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,870. RESPONDENT SHALL MAKE PAYMENT EIGHT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. THE SUBSEQUENT SEVEN PAYMENTS SHALL BE DUE IN 90 DAY INTERVALS THEREAFTER. ORDER ALLEGES: ON OR ABOUT MAY 19, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE AFOREMENTIONED INSPECTION, SEVERAL PRODUCTS WHOSE REGISTRATIONS HAD BEEN CANCELLED BY EPA WERE IDENTIFIED AS BEING SOLD BY THE RESPONDENT, INCLUDING SPECTRACIDE WASP & HORNET KILLER II (EPA REG. NO 9688-72). SPECTRACIDE WASP & HORNET KILLER II (EPA REG. NO 9688-62) CONTAINS THE ACTIVE INGREDIENT CHLORPYRIFOS. AS OF DECEMBER 31, 2001, IT BECAME UNLAWFUL TO SELL ANY PRODUCT CONTAINING CHLORPYRIFOS AS ITS ACTIVE INGREDIENT FOR RESIDENTIAL USE. SPECTRACIDE WASP & WASP HORNET KILLER II IS A PESTICIDE AS DEFINED IN SECTIN 2(u) OF FIFRA, 7. U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. AT THE TIME OF THE INSPECTION, THE REGISTRATION FOR SPECTRACIDE WASP & HORNET KILLER II HAD BEEN CANCELLED BY EPA. DURING THE AFOREMENTIONED INSPECTION, THE INSPECTOR DOCUMENTED THAT SPECTRACIDE WASP 7 HORNET KILLER II WAS OFFERED FOR SALE. UNDER SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. 136j(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA, OR ANY PESTICIDE WHERE THE REGISTRATION HAS BEEN CANCELLED OR SUSPENDED. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, ON AT LEAST ONE OCCASION FOR SPECTRACIDE WASP & HORNET KILLER II.

Defendants (1)

• A.R.L.O. ENTPERPRIS, DBA CREATION TOOL CO.Named in complaintNamed in settlement

Facilities (1)

• A.R.L.O. ENTERPRISES, INC., D/B/A THE CREATION TOOL CO.

  3865 EAST 4TH AVENUE, HIALEAH, FL, 33013-2703

  Registry ID: 110043705023

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• A.R.L.O. ENTERPRISES, INC., D/B/A CREATION TOOL CO.entered 2011-05-18

  Primary law: FIFRA

  Federal penalty: $3,870

Timeline (4 milestones)

• 2011-05-18Final Order Issued
• 2011-05-18Complaint Filed/Proposed Order
• 2011-05-23Enforcement Action Data Entered
• 2013-03-13Enforcement Action Closed