EPA v. RICHARD BOYD ENTERPRISES

Case summary

1/4/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000. ALLEGATIONS: ON OR ABOUT FEB 25, 2009, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE CHEMICLEAN RED SLIME REMOVER WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY RESPONDENT. AT THE TIME OF THE INSPECTION, THE CHEMICLEAN RED SLIME REMOVER WAS NOT REGISTERED AS A PESTICIDE WITH EPA. THE INSPECTOR DOCUMENTED AT LEAST 5 OFFERS 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 SEC 3. AT THE TIME OF THE INSPECTION, THE CHEMICLEAN RED SLIME REMOVAL WAS MISBRANDED IN THAT THE WORDS, STATEMENTS, OR INFO REUQIRED BY THE ACT WERE NOT PROMINENTLY PLACED ON THE LABEL IN SUCH A WAY AS TO MAKE IT READABLE OR UNDERSTANDABLE, THE LABEL DID NOT CONTAIN A WARNING OR CAUTION STATEMENT, INGREDIENT STATEMENT, STORAGE AND DISPOSAL STATEMENT. UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT WAS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE CHEMICLEAN RED SLIME REMOVER PRODUCT IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. UNDER FIFRA 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).

Defendants (1)

• RICHARD BOYD ENTERPRISESNamed in complaintNamed in settlement

Facilities (1)

• RICHARD BOYD ENTERPRISES

  1670 NE 205TH TERRACE, MIAMI, FL, 33179

  Registry ID: 110044867775

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• RICHARD BOYD ENTERPRISESentered 2012-01-04

  Primary law: FIFRA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2012-01-04Final Order Issued
• 2012-01-04Complaint Filed/Proposed Order
• 2012-01-10Enforcement Action Data Entered
• 2012-05-24Enforcement Action Closed