EPA v. X-M INDUSTRIES, INC.

Case summary

9/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $76,900. RESPONDENT WILL MAKE SIX PAYMENTS, THE FIRST INSTALLMENT IS DUE WITHIN THIRTY DAYS FROM THE FILING OF THE CAFO. THE LAST PAYMENT IS DUE WITHIN 31 MONTHS FROM THE FILING OF THE CAFO. ORDER ALLEGES: ON FEBRUARY 23, 2011, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED AT 2930 WOODBINE HILL WAY, NORCROSS, GEORGIA 30071. DURING THE AFOREMENTIONED INSPECTION, RESPONDENT WAS PRODUCING AND DISTRIBUTING OR SELLING THE FOLOWING THREE PRODUCTS: STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER, E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER AND PROTECTOR, AND X-MOLD BLAST OFF. THE LABELS ON STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER AND E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER BORE CLAIMS SUCH AS WOOD SEALER AND PROTECTOR, WHICH ARE CONSIDERED TO BE PESTICIDAL CLAIMS. THE LABEL ON X-MOLD BLAST OFF BORE CLAIMS SUCH AS X-MOLD AND MOLD REMEDIATION, WHICH ARE CONSIDERED TO BE PESTICIDAL CLAIMS. BECAUSE THE LABELS FOR STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER, E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER AND PROTECTOR, AND X-MOLD BLAST OFF MADE PESTICIDAL CLAIMS, THESE PRODUCTS ARE PESTICIDES AS DEFINED BY 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. AT THE TIME OF THE INSPECTION, STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER, E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER AND PROTECTOR, AND X-MOLD BLAST OFF WERE NOT REGISTERED AS PESTICIDES WITH THE EPA. ON AUGUST 23, 2010, AND FEBRUARY 2, 2011, STRUCTURE GUARD PROFESSIONAL GRADE WOOD SEALER WAS OFFERED FOR DISTRUBUTION OR SALE ON RESPONDENT'S WEBSITE. AT THE AFOREMENTIONED INSPECTION, THE INSPECTOR COLLECTED BILLSO LADING SHOWING THAT RESPONDENT DISTRIBUTED OR SOLD E-FUSION-RTU PROFESSIONAL GRADE WOOD SEALER AND PROTECTOR A MINIMUM OF EIGHT TIMES FROM JUNE 8, 2008 THROUGH JULY 9, 2010. AT THE AFOREMENTIONED INSPECTION, THE INSPECTOR COLLECTED SHIPPING RECORDS THAT SHOWED THAT RESPONDENT AHD DISTRIBUTED OR SOLD X-MOLD BLAST OFF A MINIMUM OF SEVEN TIMES BETWEEN JANUARY 20, 2011, AND FEBRUARY 18, 2011. RESPONDENT VIOLATED SECTIONS 12(a)(1)(A), 12(a)(2)(L), and 12(a)(2)(G) OF FIFRA.

Defendants (1)

• X-M INDUSTRIES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• X-M IND

  2930 WOODBINE HILL WAY, NORCROSS, GA, 30071

  Registry ID: 110038266827

Statutes cited

• FIFRA 12A2G — Misuse
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• X-M INDUSTRIES, INC.entered 2012-09-05

  Primary law: FIFRA

  Federal penalty: $76,900

Timeline (3 milestones)

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