EPA v. SOUTH ATLANTIC PACKAGING CORPORATION

Case summary

8/16/2016 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,770. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: THE RESPONDENT WAS PRODUCING PESTICIDES IN ITS ESTABLISHMENT DURING THE FIVE YEARS PRECEDING THE DATE WHEN RESPONDENT REGISTERED ITS ESTABLISHMENT IN 2015, AND EACH PRODUCTION REPORT SUBMITTED BY RESPONDENT'S AGENT ON OCTOBER 22, 2015, WAS SUBMITTED FOR PRODUCTION YEARS WHEN RESPONDENT'S FACILITY WAS NOT REGISTERED WITH EPA. THEREFORE, SOUTH ATLANTIC PACKAGING CORPORATION IS IN ALLEGED VIOLATION OF SECTION 12(A)(2)(L) OF FIFRA, FOR PRODUCING A PESTICIDE IN AN UNREGISTERED PRODUCING ESTABLISHMENT ON AT LEAST FIVE (5) OCCASIONS. LABELS OBTAINED BY EPA FOR RESPONDENT'S FINE TUNE BITING INSECT LURE INCLUDED AN EPA ESTABLISHMENT NUMBER THAT HAS BEEN ISSUED BY EPA FOR RESPONDEN'TS ESTABLISHMENT, BUT WAS ISSUED TO A FACILITY NOT OWNED OR OPERATED BY RESPONDENT. ALSO, THERE ARE NO PRODUCTION REPORTS FROM THE OTHER FACILITY FOR THIS PRODUCT FOR 2010, 2011, 2012, 2013, AND 2014 YEARS. PURSUANT TO 12(A)(1)(E) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. BY INCLUDING AN INCORRECT, UNISSUED ESTABLISHMENT NUMBER ON ITS LABELS FOR THE PESTICIDE PRODUCT FINE TUNE BITING INSECT LURE , RESPONDENT SOLD OR DISTRIBUTED A PESTICIDE IN VIOLATION OF SECTION 12(A)(1)(E) OF FIFRA.

Defendants (1)

• SOUTH ATLANTIC PACKAGING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SOUTH ATLANTIC PACKAGING CORP.

  3932 WESTPOINT BLVD., WINSTON-SALEM, NC, 27103

  Registry ID: 110067091952

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• SOUTH ATLANTIC PACKAGING CORPORATIONentered 2016-08-16

  Primary law: FIFRA

  Federal penalty: $13,770

Timeline (4 milestones)

• 2016-08-16Complaint Filed/Proposed Order
• 2016-08-16Final Order Issued
• 2016-08-22Enforcement Action Data Entered
• 2016-09-21Enforcement Action Closed