EPA v. MTJ AMERICAN, LLC

Case summary

3/30/2015 - COMPLAINT FILED PROPOSING A PENALTY OF $6,500. ALLEGATIONS: COUNT 1 IN OR ABOUT APRIL OR JULY 201, RESPONDENT DISTRIBUTED OR SOLD THE FUSION ADVANTAGE UNIVERSITY MATTRESS. THE FUSION ADVANTAGE UNIVERSITY MATTRESS IS NOT REGISTERED UNDER SECTION 3 OF FIFRA. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, BY DISTRIBUTING OR SELLING AN UNREGISTERED PESTICIDE. COUNT 2 IN OR ABOUT JUNE. 2010, RESPONDENT DISTRIBUTED OR SOLD THE CLEAR SAFE DETENTION MATTRESS. THE CLEAR SAFE DETENTION MATTRESS IS NOT REGISTERED UNDER 3 OF FIFRA. IN OR ABOUT JUNE, 2010, THE CLEAR SAFE DETENTION MATTRESS DID NOT QUALIFY FOR THE TREATED ARTICLES EXEMPTION. THEREFORE, RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, BY DISTRIBUTING OR SELLING AN UNREGISTERED PESTICIDE. COUNT 3 AT THE TIME OF THE INSPECTION, RESPONDENT WAS PRODUCING PESTICIDES, AS THAT TERM IS DEFINED BY SECTION 2(w) OF FIFRA. SECTION 7(a) OF FIFRA, STATES NO PERSON SHALL PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IN WHICH IT IS PRODUCED IS REGISTERED WITH THE ADMINISTRATOR. RESPONDENT'S ESTABLISHMENT IS NOT REGISTERED WITH THE ADMINISTRATOR. 2/18/16 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,000. TWO PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OF THE PENALTY, INCLUDING INTEREST. THE FIRST PAYMENT OF $1,500 SHALL BE PAID WITHIN 30 DAYS. THE 2ND PAYMENT OF $6,511.37 (INCLUDES $11.37 IN INTEREST) SHALL BE PAID NO LATER THAN APRIL 15, 2016.

Defendants (1)

• MJT AMERICAN, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• MTJ AMERICAN, LLC

  4276 HELENA STREET, GRANITE, NC, 28630

  Registry ID: 110043466978

Statutes cited

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

Enforcement conclusions (1)

• MTJ AMERICAN, LLCentered 2016-02-18

  Primary law: FIFRA

  Federal penalty: $8,000

Timeline (4 milestones)

• 2015-03-30Complaint Filed/Proposed Order
• 2015-04-02Enforcement Action Data Entered
• 2016-02-18Final Order Issued
• 2016-04-21Enforcement Action Closed