EPA v. PLANT FOOD SYSTEMS, INC.

Case summary

9/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON OR ABOUT NOVEMBER 16, 2009, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, THE RESPONDENT PROVIDED THE INSPECTOR WITH AN INVOICE DELIVERY TICKET, BILL OF LADING AND PUCHASE ORDER FOR EACH OF FOUR SHIPMENTS WHICH CONFIRED THAT RESPONDENT HAD SOLD AND/OR DISTRUBUTED THE PRODUCT SILPHITE, ON AT LEAST FOUR OCCASIONS. THE LABEL ON THE SILPHITE PRODUCT BORE THE CLAIM THAT DISEASE PRESSURE IS THEREBY REDUCED, INCREASING CELL WALL TURGIDITY AND THICKNESS, THRU SYSTEMATICALLY ACQUIRED RESISTANCE (SAR) AND INDUCED RESISTANCE (IR) . THE STATEMENT ON THE LABEL CONCERNING DISEASE RESISTANCE IMPARTED TO A PLANT IS CONSIDERED A PESTICIAL CLAIM. 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, SILPHITE WAS NOT REGISTERED AS A PESTICIDE WITH EPA. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA.

Defendants (1)

• PLANT FOOD SYSTEMS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• PLT FOOD SYSTEMS INC

  2827 UNION STREET, ZELLWOOD, FL, 32798

  Registry ID: 110013323527

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• PLANT FOOD SYSTEMS, INC.entered 2012-09-05

  Primary law: FIFRA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2012-09-05Final Order Issued
• 2012-09-05Complaint Filed/Proposed Order
• 2012-09-12Enforcement Action Data Entered
• 2012-09-25Enforcement Action Closed