EPA v. DOUB FARMS, LLC

Case summary

10/27/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,290. FOUR PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE ENTIRE CIVIL PENLATY, INCLUDING INTEREST. THE FIRST INSTALLMENT IS DUE WITH 30 DAYS. THE SUBSEQUENT THREE PAYMENTS SHALL BE DUE IN 90 DAY INTERVALS THEREAFTER. ALLEGATIONS: ON OR ABOUT MAR 24, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE PRODUCT AGRICULTURE SOAP SURFACTANT, ALSO KNOWN AS SOY SOAP AND AGRICULTURE SOAP WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY RESPONDENT. AT THE TIME OF THE INSPECTION, THIS PRODUCT WAS CONSIDERED TO BE A PESTICIDE BECAUSE OF THE PESTICIDAL CLAIMS BEING MADE FOR IT BY THE RESPONDENT IN ADVERTISEMENTS AND WEBSITES. PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH EPA. AT THE TIME OF THE INSPECTION, AGRICULTURAL SOAP SURFACTANT WAS NOT REGISTERED AS A PESTICIDE WITH EPA. THE INSPECTOR DOCUMENTED ONE OFFER FOR SALE AND/OR DISTRIBUTION OF SAID PESTICIDE. 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 ONE OCCASION.

Defendants (1)

• DOUB FARMS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• BIOBASED, USA, LLC

  4113 CORNELIUS ROAD, EAST BEND, NC, 27018

  Registry ID: 110044218799

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• DOUB FARMS, LLCentered 2011-10-27

  Primary law: FIFRA

  Federal penalty: $4,290

Timeline (4 milestones)

• 2011-10-27Complaint Filed/Proposed Order
• 2011-10-27Final Order Issued
• 2011-11-09Enforcement Action Data Entered
• 2012-02-29Enforcement Action Closed