EPA v. MIAMI GARDENS DRIVE & 87TH AVENUE SUPERMARKET, INC. dba SEDANO'S SUPERMARKET #36

Case summary

3/14/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,650. ALLEGATIONS: ON OR ABOUT DEC 9, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, THE INSPECTOR OBSERVED DEER BRAND REFINED CAMPHOR (DEER CAMPHOR) BEING OFFERED FOR SALE AND/OR DISTRIBUTION. THE LABEL ON DEER CAMPHOR BORE THE CLAIM FOR PROTECTION AGAINST MOTHS, SILVERFISH AND OTHER INSECT PESTS. BECAUSE THE LABEL FOR DEER CAMPHOR MADE PESTICIDAL CLAIMS, THIS PRODUCT IS A PESTICIDE AS DEFINED IN FIFRA, WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. THE TERM TO DISTRIBUTE OR SELL INCLUDES TO DISTRIBUTE, SELL, OFFER FOR SALE, HOLD FOR DISTRIBUTION, HOLD FOR SALE, HOLD FOR SHIPMENT, SHIP, DELIVER FOR SHIPMENT, OR RELEASE FOR SHIPMENT. PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTED WITH THE EPA. AT THE TIME OF THE INSPECTION, DEER CAMPHOR WAS NOT REGISTRED AS A PESTICIDE WITH EPA. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. AT THE TIME OF THE INSPECTION, THE LABEL ON THE PESTICIDE FAILED TO BEAR DIRECTIONS FOR USE, A WARNING OR CAUTION STATEMENT, WHICH INCLUDES THE APPROPRAITE TOXIC CATEGORY WORD, AND THE INGREDIENT STATEMENT. PURSUANT TO FIFRA 2(q), A PESTICIDE IS MISBRANDED IF ITS LABEL FAILS TO BEAR DIRETIONS FOR USE, A WARNING OR CAUTION STATEMENT, AND THE INGREDIENT STATEMENT. UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST ONE OCCASION.

Defendants (2)

• MIAMI GARDENS DRIVE & 87TH AVENUE SUPERMARKETNamed in complaintNamed in settlement
• SEDANO'S SUPERMARKET #36Named in complaintNamed in settlement

Facilities (1)

• MIAMI GARDENS DRIVE & 87TH AVENUE SUPERMARKET, INC. DBA SEDANO'S SUPERMARKET #36

  18600 NW 87TH AVENUE, MIAMI, FL, 33015

  Registry ID: 110045465876

Statutes cited

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

Enforcement conclusions (1)

• MIAMI GARDENS DRIVE & 87TH AVENUE SUPERMARKET, INC. dba SEDANO'S SUPERMARKET #36entered 2012-03-14

  Primary law: FIFRA

  Federal penalty: $7,650

Timeline (4 milestones)

• 2012-03-14Complaint Filed/Proposed Order
• 2012-03-14Final Order Issued
• 2012-03-27Enforcement Action Closed
• 2012-03-28Enforcement Action Data Entered