EPA v. DELTA HARDWARE DISTRIBUTORS, INC.

Case summary

1/24/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT NOVEMBER 10, 2010, AN AUTHORIZED REPRESENTATIVE OF EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE AFOREMENTIONED INSPECTION, THE RESPONDENT WAS DISTRIBUTING OR SELLING RUSH DEER PEARL BALLS AN DEER REFINED CAMPHOR. THE LABEL ON RUSH DEER PEARL BALLS BORE THE CLAIM KILLS CLOTHES MOTHS AND LARVAE. THE LABEL ON DEER REFINED CAMPHOR BORE THE CLAIM FOR PROTECTION AGAINST MOTHS, SILVERFISH AND OTHER INSECT PESTS. BECAUSE THE LABELS FOR RUSH DEER PEARL BALLS AND DEER REFINED CAMPHOR MADE PESTICIDAL CLAIMS, THESE PRODUCTS ARE PESTICIDES AS DEFINED IN SECTION 2(u) OF FIFRA, 7.U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE UNITED STATES ARE REQUIRED TO BE REGISTERED WITH THE EPA, PURSUANT TO SECTION 3 OF FIFRA, 7 U.S.C. SECTION 136a. AT THE TIME OF THE INSPECTION RUSH DEER PEARL BALLS AND DEER REFINED CAMPHOR WERE NOT REGISTERED AS PESTICIDES WITH EPA. AT THE TIME OF THE INSPECTION, THE INSPECTOR OBSERVED THE SAID PESTICIDES BEING OFFERED FOR SALE AND/OR DISTRIBUTION. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), ON AT LEAST TWO OCCASIONS. AT THE TIME OF THE INSPECTION, THE LABEL ON EACH OF THE PESTICIDES FAILED TO BEAR DIRECTIONS FOR USE, THE INGREDIENT STATEMENT AND A WARNING OR CAUTION STATEMENT, WHICH INCLUDES THE APPROPRIATE TOXIC CATEGORY WORD. RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA, ON AT LEAST TWO OCCASIONS.

Defendants (1)

• DELTA HARDWARE DISTRIBUTORS, INC.Named in complaintNamed in settlement

Facilities (1)

• DELTA HARDWARE DISTRIBUTORS,INC.

  6500 W 4TH AVE STORE #15/16, HIALEAH, FL, 33012

  Registry ID: 110038284068

Statutes cited

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

Enforcement conclusions (1)

• DELTA HARDWARE DISTRIBUTORS, INC.entered 2012-01-24

  Primary law: FIFRA

  Federal penalty: $200

Timeline (4 milestones)

• 2012-01-24Final Order Issued
• 2012-01-24Complaint Filed/Proposed Order
• 2012-01-27Enforcement Action Data Entered
• 2012-02-23Enforcement Action Closed