EPA v. NISUS CORPORATION

Case summary

8/24/2011-CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,640, PLUS INTEREST, DUE IN 4 INSTALLMENT PAYMENTS. THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS ($4,182.25). THE SECOND PAYMENT IS DUE WITHIN 120 DAYS ($4,182.25). THE THIRD INSTALLMENT IS DUE WITHIN 210 DAYS ($4,182.25). THE FOURTH PAYMENT IS DUE WITHIN 300 DAYS OF FILING ($4,182.15). ALLEGATIONS: ON OR ABOUT NOV 9, 2005, EPA CONDUCTED AN INSPECTION AT LESCO, INC., IN UPPER MARLBORO, MD. ON OR ABOUT FEB 28, 2008, EPA CONDUCTED AN ADDITIONAL INSPECTION AT THE NISUS CORP., ROCKFORD, TN. DURING THE INSPECTIONS, THE BAC-AZAP PRODUCT WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY RESPONDENT. DURING THE INSPECTIONS, IT WAS NOTED THAT THE BAC-AZAP PRODUCT LABELING MADE PESTICIDAL CLAIMS FOR THE PRODUCT. ALSO, EPA HAS DETERMINED THAT AT THE TIME OF THE INSPECTION, RESPONDENT'S ADVERTISEMENT ON THE INTERNET MADE PESTICIDAL CLAIMS FOR THE PRODUCT. THEREFORE, AT THE TIME OF THE INSPECTION, THE BAC-AZAP PRODUCT WAS A PESTICIDE AS DEFINED IN FIFRA 2(u). PURSUANT TO FIFRA 3, PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTED WITH EPA. AT THE TIME OF THE INSPECTIONS, THE BAC-AZAP PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH EPA. THE INSPECTOR DOCUMENTED AT LEAST 8 SALES AND/OR DISTRIBUTIONS OF THE BAC-AZAP PRODUCT ON THE FOLLOWING DATES: NOV 9, 2005 - UPPER MARLBORO, MD FEB 19, 2008 - COMMERCE, CA FEB 19, 2008 - ORLANDO, FL FEB 21, 2008 - KENT, WA FEB 21, 2008 - COMMERCE, CA FEB 21, 2008 - CHARLOTTE, NC FEB 22, 2008- ORLANDO, FL FEB 28, 2008, PACKAGED, LABELED, RELEASE FOR SHIPMENT AT NISUS CORP. UNDER 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) ON AT LEAST 8 OCCASIONS. THE BAC-AZAP PRODUCT WAS MISBRANDED IN THAT THE LABEL DID NOT CONTAIN A STORAGE AND DISPOSAL STATEMENT TO ADEQUATELY PROTECT HUMAN HEALTH AND THE ENVIRONMENT. IN ADDITION, THE LABEL DID NOT BEAR THE ESTABLISHMENT REGISTRATION NUMBER ASSIGNED UNDER FIFRA 7. UNER FIFRA 12(a)(1)(E, IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 8 OCCASIONS.

Defendants (1)

• NISUS CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• NISUS CORP

  100 NISUS DR, ROCKFORD, TN, 37853

  Registry ID: 110038272847

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• NISUS CORPORATIONentered 2011-08-24

  Primary law: FIFRA

  Federal penalty: $16,640

Timeline (4 milestones)

• 2011-08-24Complaint Filed/Proposed Order
• 2011-08-24Final Order Issued
• 2011-09-08Enforcement Action Data Entered
• 2012-06-28Enforcement Action Closed