EPA v. W. M. BARR AND COMPANY, INC.

Case summary

6/3/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $294,840. RESPONDENT SHALL MAKE EIGHT PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. AND THE LAST PAYMENT IS DUE WITHIN 840 DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED DURING THE APRIL 13, 2010, AND SEPTEMBER 11, 2011 INSPECTIONS, A FOLLOW-UP INSPECTION WAS CONDUCTED ON DECEMBER 5, 2011, AT HOME DEPOT LOCATED AT 2540 CUMBERLAND PARKWAY, SOUTHEST, ATLANTA, GEORGIA 30330. BASED ON ELECTONIC SHIPPING RECORDS GATHERED DURING THE HOME DEPOT INSPECTION, THE EPA DOCUMENTED THAT W. M. BARR HAD SOLD OR DISBTRIBUTED THE DAMPRID PRODUCTS ON AT LEAST 113 OCCASIONS. A PRODUCT WHICH BEARS A PESTICIDAL CLAIM ON ITS LABEL IS A PESTICIDE AS THAT TERM IS 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. AT THE TIME OF THE INSPECTIONS, THE LABELS ON THE DAMPRID PRODUCTS MADE THE PESTICIDAL CLAIMS, AND WERE, THEREFORE, PESTICIDES. FURTHER, AT THE TIME OF THE INSPECTIONS, THE DAMPRID PRODUCTS WERE NOT REGISTERD PESTICIDES WITH THE EPA AS REQUIRED BY SECTION 3 OF FIFRA. UNDER SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OF FIFRA, 7 U.S.C. SECTION 136a. RESPONDENT DISTRUBUTED OR SOLD UNREGISTERED PESTICIDES IN VIOLATION OF SECTION 12(a)(1)(A) OF FIFRA, 7 U.S.C. SECTION 136j(a)(1)(A), ON AT LEAST 113 OCCASIONS.

Defendants (1)

• W. M. BARR AND COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• WM BARR & CO INC

  2170 BUOY AVENUE, MEMPHIS, TN, 38103

  Registry ID: 110000556461

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• W. M. BARR AND COMPANY, INC.entered 2014-06-03

  Primary law: FIFRA

  Federal penalty: $294,840

Timeline (3 milestones)

• 2014-06-03Final Order Issued
• 2014-06-03Complaint Filed/Proposed Order
• 2014-06-10Enforcement Action Data Entered