EPA v. HA JUNG D/B/A KIM BROTHERS, INC.

Case summary

1/2/2014 - CAFO ISSUED, ASSESSING A PENALTY OF $900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT THE TIME OF THE INSPECTION, THE AUTHORIZED REPRESENTATIVE OF THE EPA OBSERVED THE PRODUCT NAPHTHALENE BEING OFFERED FOR SALE AND/OR DISTRIBUTION ON A SHELF IN A RETAIL MARKET. PORTIONS OF THE LABEL OF NAPHTALENE ARE WRITTEN IN KOREAN. PORTIONS IN ENGLISH INCLUDE: NAPHTHALENE CAMPHOR HAS A HIGH GERMICIDAL COMPLETE REMOVAL OF INSECTS BY FRAGRANT. BECAUSE THE LABEL FOR NAPHTHALENE BORE PESTICIDAL CLAIMS, THIS PRODUCT IS A PESTICIDE 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, DESTROYING, REPELLING, OR MITIGATING ANY PEST. PESTICIDES THAT ARE SOLD OR DISTRIBUTED IN THE UNITED STATES ARE REQUIRED TO BE REGISTERED WITH THE EPA, PURSUANT TO SECTION 3 OF FIFRA. AT THE TIME OF THE INSPECTION, NAPHTHALENE WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, ON AT LEAST ONE OCCASION. 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 TOXICITY CATEGORY WORD, AND THE INGREDIENT STATEMENT. RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA.

Defendants (3)

• KIM BROTHERS, INC. (SB)Named in complaintNamed in settlement
• HA JUNG (SB)Named in complaintNamed in settlement
• FAMILY DOLLAR, INC.Named in complaint

Facilities (1)

• HA JUNG DBA KIM BROTHERS, INC.

  4021 WEST HILLSBOROUGH AVENUE, TAMPA, FL, 33614

  Registry ID: 110056976474

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• HA JUNG D/B/A KIM BROTHERS, INC.entered 2014-01-02

  Primary law: FIFRA

  Federal penalty: $900

Timeline (4 milestones)

• 2013-08-12Enforcement Action Data Entered
• 2014-01-02Complaint Filed/Proposed Order
• 2014-01-02Enforcement Action Closed
• 2014-01-02Final Order Issued