EPA v. HEALTHTEX DISTRIBUTORS, INC.

Case summary

6/26/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,570. 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 HELD FOR SALE AND/OR DISTRIBUTION. ADD'L INSPECTIONS ON JUNE 20 AND JULY 7, 2011, REVEALED THAT RESPONDENT DISTRIBUTED AND SOLD DEER BRAND REFINED CAMPHOR AT LEAST 456 TIMES BETWEEN DEC 9, 2009 AND DEC 10, 2010. 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 2(u) WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTED WITH EPA, PURSUANT TO FIFRA SECTION 3. AT THE TIME OF THE INSPECTION, DEER CAMPHOR WAS NOT REGISTERED AS A PESTICIDE WITH EPA. UNDER FIFRA 12(a)(1)(A) IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA 3. RESPONDENT VIOLATED FIFRA 12(a)(1)(A) ON AT LEAST 456 OCCASIONS. 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 APPROPRIATE TOXIC CATEGORY WORD, AND THE INGREDIENT STATEMENTS. PURSUANT TO FIFRA 2(q), A PESTICIDE IS MISBRANDED IF ITS LABEL FAILS TO BEAR DIRECTIONS 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 TO SELL TO ANY PERSON ANY PESTICIDE THAT IS MISBRANDED. RESPONDENT VIOLATED FIFRA 12(a)(1)(E) ON AT LEAST 456 OCCASIONS. FIFRA 12(a)(2)(N) STATES THAT IT IS UNLAWFUL FOR ANY REGISTRANT, WHOLESALER, DEALER, RETAILER OR OTHER DISTRIBUTOR TO FAIL TO FILE REQUIRED REPORTS. THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES IS A REPORT REQUIRED BY FIFRA THAT MUST BE FILED WITH THE ADMINISTRATOR OF EPA PRIOR TO THE ARRIVAL OF EACH PESTICIDE SHIPPED INTO THE U.S. RESPONDENT IMPORTED DEER CAMPHOR WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES WITH THE ADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA 12(a)(2)(N) ON AT LEAST ONE OCCASION.

Defendants (1)

• HEALTHTEX DISTRIBUTORS, INC.Named in complaintNamed in settlement

Facilities (1)

• HEALTHTEX DISTRIBUTORS, INC.

  3555 NW 41ST ST, MIAMI, FL, 331424310

  Registry ID: 110035697608

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• HEALTHTEX DISTRIBUTORS, INC.entered 2012-06-26

  Primary law: FIFRA

  Federal penalty: $4,570

Timeline (4 milestones)

• 2012-06-26Final Order Issued
• 2012-06-26Complaint Filed/Proposed Order
• 2012-07-02Enforcement Action Data Entered
• 2012-07-17Enforcement Action Closed