EPA v. DALEN PRODUCTS, INC.

Case summary

8/9/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,260. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON DECEMBER 15, 2015, RESPONDENT SUBMITTED A PESTICIDE REPORT FOR PESTICIDE-PRODUCING AND DEVICE-PRODUCING ESTABLISHMENTS [EPA FORM 3540] FOR REPORTING 2014 TO THE EPA WHICH DECLARED PRODUCTION OF PESTICIDE DEVICE PRODUCTS HOLOGRAPHIC SCARE TAPE AND ROTATING HEAD OWL . PURSUANT TO SECTION 12(a)(2)(L) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON TO PROUDCT ANY PESTICIDE OR DEVICE OR ACTIVE INGREDIENT USED IN PRODUCING A PESTICIDE SUBJECT TO SECTION 7 OF FIFRA IN ANY STATE UNLESS THE ESTABLISHMENT IN WHICH IT IS PRODUCED IS REGISTERED WITH THE ADMINISTRATOR. THE RESPONDENT WAS PRODUCING PESTICIDES IN ITS ESTABLISHMENT DURING THE YEAR 2014 PRECEDING THE DATE WHEN RESPONDENT REGISTERED ITS ESTABLISHMENT IN 2015. THEREFORE, THE RESPONDENT IS IN ALLEGED VIOLATION OF SECTION 12(a)(2)(L) OF FIFRA, FOR PRODUCING A PESTICIDE IN AN UNREGISTERED PRODUCING ESTABLISHMENT. ON MAY 31, 2016, RESPONDENT SUBMITTED TO THE EPA A SIGNED CONSENT AGREEMENT AND FINAL ORDER FOR THE ALLEGED VIOLATION OF SECTON 12(a)(2)(L) OF FIFRA, FOR PRODUCING PESTICIDE DEVICES HOLOGRAPHIC SCARE TAPE AND ROTATING HEAD OWL IN AN UNREGISTERED PRODUCING ESTABLISHMENT. ON JUNE 7, 2016, RESPONDENT SUBMITTED AN UPDATED PESTICIDE REPORT FOR PESTICIDE-PRODUCING AND DEVICE-PRODUCING ESTABLISHMENTS [EPA FORM 3540-16] FOR REPORTING YEAR 2014 TO THE EPA WHICH DECLARED PRODUCTION OF FOUR (4) PESTICIDE DEVICE PRODUCTS, HOLOGRAHIC SCARE TAPE,' ROTATING HEAD OWL, GUARD'N BALOON AND SOLAR ACTION OWL. THE RESPONDENT IS IN ALLEGED VIOLATION OF SECTON 12(a)(2)(L) OF FIFRA, FOR PRODUCING A PESTICIDE DEVICE IN AN UNREGISTERED PRODUCING ESTABLISHMENT ON FOUR (4) SEPARATE OCCASIONS.

Defendants (1)

• DALEN PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (1)

• DALEN PRODUCTS, INC.

  11110 GILBERT DR., KNOXVILLE, TN, 37932

  Registry ID: 110006688913

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• DALEN PRODUCTS, INC.entered 2016-08-09

  Primary law: FIFRA

  Federal penalty: $10,260

Timeline (4 milestones)

• 2016-08-09Complaint Filed/Proposed Order
• 2016-08-09Final Order Issued
• 2016-08-16Enforcement Action Data Entered
• 2016-08-30Enforcement Action Closed