EPA v. PROACTIVE, LLC

Case summary

5/31/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2500. RESPONDENT SHALL MAKE WITHIN THIRTY DAYS. ORDER ALLEGES: ON DECEMBER 7, 2017, THE EPA REGION 4, ISSUED A STOP SALE, USE OR REMOVAL ORDER (SSURO), TO THE RESPONDENT PERTAINING TO THE SHIPMENT OF THE PESTICIDE PRODUCT PRODIAMINE TECHNICAL AFTER DETERMINING THAT THE PRODUCT WAS MISBRANDED. THE SSURO PROHIBITED THE RESPONDENT FROM FURTHER SELLING, DISTRIBUTING, USING OR REMOVING THE SHIPMENT OF PRODIAMINE TECHNICAL, BUT ALSO PROVIDED THE RESPONDENT AN OPPORTUNITY TO COME INTO COMPLIANCE BY RELABELING THE MISBRANDED PESTICIDE PRODUCT AT AN EPA-REGISTERED ESTABLISHMENT. ON DECEMBER 13, 2017, THE EPA WITHDREW THE SSURO AFTER VERIFYING THE PESTICIDE PRODUCT PRODIAMINE TECHNICAL HAD BEEN PROPERLY RELABELED AND WAS IN COMPLIANCE WITH FIFRA. BY IMPORTING THE MISLABELED PESTICIDE PRODUCT AS DESCRIBED ABOVE. THE EPA ALLEGES THAT THE RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA, ON ONE OCCASION.

Defendants (1)

• PROACTIVE, LLCNamed in complaintNamed in settlement

Facilities (1)

• PROACTIVE LLC

  10529 HERITAGE BOULEVARD, NAPLES, FL, 34120

  Registry ID: 110070248328

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• PROACTIVE, LLCentered 2018-05-31

  Primary law: FIFRA

  Federal penalty: $2,500

Timeline (4 milestones)

• 2018-05-31Complaint Filed/Proposed Order
• 2018-05-31Final Order Issued
• 2018-06-06Enforcement Action Data Entered
• 2018-06-21Enforcement Action Closed