EPA v. KASON INDUSTRIES, INC.

Case summary

6/19/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,728. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT THE TIME OF THE INSPECTION, THE INSPECTOR DETERMINED THAT RESPONDENT WAS MANUFACTURING AND DISTRIBUTING FOOD SERVICE HARDWARD PRODUCTS WITH PATHOGUARD. RESPONDENT'S INTERNET ADVERTISEMENTS FOR ITS FOOD SERVICE HARDWARE PRODUCTS WITH PATHOGUARD MADE CLAIMS THAT, PATHOGUARD SUPPRESSES THE GROWTH OF A WIDE VARIETY OF BACTERIA, ALGAE, MOLD AND MILDEW, INCLUDING E. COLI, STAPH AND SALMONELLA, FOR THE LIFE OF THE PRODUCT, REDUCES THE SPRED OF PATHOGENS - INCLUDING E. COLI, STAPH AND SALMONELLA , AND PATHOGUARD CAN RETARD GROWTH OF THESE BACTERIA AND FUNGI. THESE ARE CONSIDERED TO BE PESTICIDAL CLAIMS. RESPONDENT'S FOOD SERVICE HARDWARE PRODUCTS WITH PATHOGUARD ARE CONSIDERED TO BE PESTICIDES AS 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, DESTROOYING REPELLING, OR MITIGATING ANY PEST. PESTICIES 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, RESPONDENT'S FOOD SERVICE HARDWARE PRODUCTS WITH PATHOGUARD WERE NOT REGISTERED AS PESTICIDES WITH EPA. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA. AT THE TIME OF THE INSPECTION, RESPONDENT WAS PRODUCING AFOREMENTIONED PESTICIDES IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. RESPONDENT VIOLATED SECTION 12(a)(2)(L) OF FIFRA.

Defendants (1)

• KASON INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• KASON INDUSTRIES

  57 AMLAJACK BOULEVARD, SHENANDOAH, GA, 302651093

  Registry ID: 110000859633

• KASON INDUSTRIES

  57 AMLAJACK BOULEVARD, SHENANDOAH, GA, 302651093

  Registry ID: 110000859633

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• KASON INDUSTRIES, INC.entered 2012-06-19

  Primary law: FIFRA

  Federal penalty: $13,728

Timeline (4 milestones)

• 2012-06-19Final Order Issued
• 2012-06-19Complaint Filed/Proposed Order
• 2012-06-27Enforcement Action Data Entered
• 2012-07-09Enforcement Action Closed