EPA v. CUSTOM BIOLOGICALS, INC.

Case summary

3/26/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,000. RESPONDENT SHALL MAKE FOUR INSTALLMENT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE WITHIN 300 DAYS. ORDER STATES: ON OR ABOUT NOVEMBER 9, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE AFOREMENTIONED INSPCTION, THE NULLIFY DRAIN AND ODOR BIO-CONTROL, THE PRODUCT IS A PESTICIDE AS THE TERM IS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED 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 FIFRA, 7 U.S.C. SECTION 136a. AT THE TIME OF THE INSPECTION, THE NULLIFY DRAIN AND ODOR BIO-CONTROL PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH EPA. THE INSPECTOR DOCUMENTED AT LEAST FIVE (5) OFFERS FOR SALE AND/OR DISTRIBUTION OF SAID PESTICIDE. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a(1)(A) OF FIFRA.

Defendants (1)

• CUSTOM BIOLOGICALS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CUSTOM BIOLOGICALS, INC.

  1239 E NEWPORT DR, DEERFIELD BEACH, FL, 33442

  Registry ID: 110010753791

Statutes cited

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

Enforcement conclusions (1)

• CUSTOM BIOLOGICALS, INC.entered 2012-03-26

  Primary law: FIFRA

  Federal penalty: $12,000

Timeline (3 milestones)

• 2012-03-26Complaint Filed/Proposed Order
• 2012-03-26Final Order Issued
• 2012-03-30Enforcement Action Data Entered