EPA v. MAKHTESHIM AGAIN OF NORTH AMERICA

Case summary

4/17/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT OPERATES A FAICLIYT DOING BUSINESS AS BOLD FORMULATORS, LLC, LOCATED AT 83 VERNON DRIVE, TIFTON, GA. ON OR ABOUT MAY 17, 2011, EPA CONDUCTED AN INSPECTION AT BOLD FORMULATORS' FACILITY. DURING THE INSPECTION, THE PRODUCT ARROW 240 EC WAS OBSERVED AS BEING DISTRIBUTED BY THE RESPONDENT. THE INSPECTORS REVIEWED DOCUMENTATION PROVIDED BY RESPONDENT THAT SHOWED THAT RESPONDENT HAD IMPORTED TWO SHIPMENTS OF ARROW 240 EC FROM CANADA. ARROW 240 EC IS A PESTICIDE REGISTERED FOR USE IN CANADA. ARROW 240 EC HAS NOT BEEN REGISTERED IN THE U.S. DURING THE INSPECTION, 1,584 CONTAINERS OF ARROW 240 EC WERE OBSERVED OPENLY DISPLAYED IN BOLD FORMULATORS' WAREHOUSE. ARROW 240 EC IS A PESTICIDE . RESPONDENT DISTRIBUTES OR SELLS PESTICIDES AS DEFINED BY FIFRA 2(gg). AS DOCUMENTED BY THE INSPECTORS, THE LABEL AFFIXED TO THE PACKAGING OF THE ARROW 240 EC PRODUCT WSA NOT REGISTERED WITH EPA AS REQUIRED BY FIFRA 3(a) AND DID NOT BEAR THE LABEL REQUIREMENTS FOR EXEMPTION FOR PESTICIDES THAT MAY BE TRANSFERRED, SOLD, OR DISTRIBUTED WITHOUT REGISTRATION UNDER 40 CFR 152.30. IT IS A VIOLATION OF FIFRA 12(a)(1)(A) FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA.SEC 3 AND DOES NOT MEET THE EXEMPTION REQUIREMENTS UNDER 40 CFR 152.30. RESPONDENT VIOLATED FIFRA 12(a)(1)(A) ON AT LEAST TWO SEPARATE OCCASIONS.

Defendants (1)

• MAKHTESHIM AGAN OF NORTH AMERICANamed in complaintNamed in settlement

Facilities (1)

• BOLD FORMULATORS

  83 VERNON DRIVE, TIFTON, GA, 31794

  Registry ID: 110044866197

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MAKHTESHIM AGAIN OF NORTH AMERICAentered 2012-04-17

  Primary law: FIFRA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2012-04-17Complaint Filed/Proposed Order
• 2012-04-17Final Order Issued
• 2012-05-01Enforcement Action Data Entered
• 2012-05-25Enforcement Action Closed