EPA v. DIAZ WHOLESALE & MFG CO., INC.

Case summary

8/19/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $24,300, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT FEB 16, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, CERTAIN INVENTORY OF FABULOSO ANTIBACTERIAL LIQUID CLEANERS, IN THREE SCENTS: (1) ORANGE; (2) FRUIT PASSION; AND (3) OCEAN COOL, WERE IDENTIFIED IN RESPONDENT'S WAREHOUSE. SOME OF THE INDIVIDUAL CONTAINERS MAKE PESTICIDAL CLAIMS SUCH AS ANTIBACTERIAL AND NEW ANTIBACTERIAL. BY HOLDING IN INVENTORY FABULOSO PRODUCTS LABELED AS ANTIBACTERIAL OR NEW ANTIBACTERIAL , RESPONDENT HELD FOR DISTRIBUTION ANTIMICROBIAL PESTICIDES. AT THE TIME OF THE INSEPCTION, IT WAS DETERMINED THAT THE FABULOSO PRODUCTS LABELS AS ANTIBACTERIAL OR NEW ANTIBACTERIAL WHICH RESONDENT HELD WERE NOT REGISTERED AS PESTICIDES WITH EPA. RESPONDENT VIOLATED FIFRA 12(a)(1)(L) BY HOLDING THREE DIFFERENT SCENTS OF FABULOSO PRODUCTS LABELED AS ANTIBACTERIAL OR NEW ANTIBACTERIAL. AT THE TIME OF THE INSPECTION, THE FABULOSO PRODUCTS DID NOT HAVE ADEQUATE DIRECTIONS FOR USE ON THE LABELS. A PESTICIDE IS MISBRANDED IF THE LABELING ACCOMPANYING IT DOES NOT CONTAIN DIRECTIONS FOR USE WHICH ARE NECESSARY FOR EFFECTING THE PURPOSE FOR WHICH THE PRODUCT IS INTENDED AND IF COMLIED WITH, TOGETHER WITH ANY REQUIREMENTS IMPOSED UNDER SECTION 3(d) OF FIFRA ARE ADEQUATE TO PROTECT HEALTH AND THE ENVIRONMENT. 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) BY HOLDING THREE DIFFERENT SCENTS OF FABULOSO PRODUCTS LABELED ANTIBACTERIAL OR NEW ANTIBACTERIAL .

Defendants (1)

• DIAZ WHOLESALE & MFG CO., INC.Named in complaintNamed in settlement

Facilities (1)

• DIAZ WHOLESALE & MFG CO., INC.

  5501 FULTON INDUSTRIAL BLVD., ATLANTA, GA, 30336

  Registry ID: 110013481614

Statutes cited

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

Enforcement conclusions (1)

• DIAZ WHOLESALE & MFG CO., INC.entered 2011-08-19

  Primary law: FIFRA

  Federal penalty: $24,300

Timeline (4 milestones)

• 2011-08-19Complaint Filed/Proposed Order
• 2011-08-19Final Order Issued
• 2011-08-30Enforcement Action Closed
• 2011-09-02Enforcement Action Data Entered