EPA v. S. P. RICHARDS COMPANY

Case summary

1/21/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $299,880.00 PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY LOCATED IN LITHIA SPRINGS, GEORGIA, ON OR ABOUT MARCH 16, 2021, AND ITS ATLANTA, GEORGIA, FACILITY ON OR ABOUT MARCH 17, 2021. DURING THE INSPECTIONS, THE INSPECTOR OBSERVED FIVE PRODUCTS BEING HELD FOR SALE WITH PESTICIDAL CLAIMS. AT THE LITHIA SPRINGS FACILITY AND TWO PRODUCTS BEING SOLD WITH PESTICIDAL CLAIMS AT THE ATLANTA FACILITY. DURING THE INSPECTIONS, PHOTOGRAPHS WERE TAKEN OF THE CONTAINERS AND LABELS OF ALL SEVEN PRODUCTS BEING HELD FOR SALE. IN ADDITION, SALES AND SHIPPING RECORDS WERE COLLECTED FOR THE PRODUCTS SHOWING THAT THE PRODUCTS WERE SOLD OR DISTRIBUTED BETWEEN OCTOBER 2020 AND MARCH 2021. AT THE TIME OF THE INSPECTIONS, THE PRODUCTS INCLUDED CLAIMS WHICH INDICATE THAT THE PRODUCTS ACT AS, OR ARE INTENDED TO BE, PESTICIDES, IN ACCORDANCE WITH 40 C.F.R. ? 152.15. THEREFORE, THE PRODUCTS WERE REQUIRED TO BE REGISTERED AS PESTICIDES UNDER SECTION 3 OF FIFRA, 7 U.S.C. ?136A. HOWEVER, A REVIEW OF THE EPA'S PESTICIDE PRODUCT AND LABEL SYSTEM FOUND THAT NONE OF THESE PRODUCTS HAD BEEN REGISTERED AS A PESTICIDE WITH THE EPA AT THE TIME OF THE INSPECTIONS. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(A) BY DISTRIBUTING OR SELLING THE UNREGISTERED PESTICIDES REFERENCED IN CAFO ON ONE OR MORE OCCASIONS BETWEEN OCTOBER 2020 AND MARCH 2021. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(E) BY HOLDING FOR SALE AT THE TIME OF THE MARCH 16, 2021, INSPECTION, AND THEREBY DISTRIBUTING OR SELLING A MISBRANDED PESTICIDE, WIPES PLUS DISINFECTING WIPES REFERENCED IN THE CAFO ON AT LEAST ONE OCCASION.

Defendants (1)

• S. P. RICHARDS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• S.P. RICHARDS COMPANY

  440 INTERSTATE WEST PARKWAY, SUITE 100, LITHIA SPRINGS, GA, 30122

  Registry ID: 110071308379

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• S. P. RICHARDS COMPANYentered 2025-01-21

  Primary law: FIFRA

  Federal penalty: $299,880

Timeline (3 milestones)

• 2025-01-21Final Order Issued
• 2025-01-21Complaint Filed/Proposed Order
• 2025-01-22Enforcement Action Data Entered