EPA v. Donalsonville Hardware, Inc.

Case summary

FIFRA NOTICE OF WARNING: 9/12/2024 Donalsonville Hardware, Inc. FIFRA Notice of Warning Case File No. FIFRA-04-2024-3814 Dear Chuck Newberry: The U.S. Environmental Protection Agency has obtained evidence indicating that Donalsonville Hardware, Inc. (hereinafter Donalsonville Hardware) may be in violation of, or have committed violations of, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On or around July 1, 2024, the EPA issued a Notice of Warning (NOW), Case File No. FIFRA-04-2024-3515, to Donalsonville Hardware?s facility located at 1405 Tennille Avenue, Donalsonville, Georgia 39845 due to the sale and distribution of a misbranded product, Ultra Chlor Sodium Hypochlorite 10.5% (EPA Reg. No. 72122-20002), by Donalsonville Hardware. Records and labels were collected showing the sale and distribution of the misbranded pesticide during an inspection conducted on or around January 10, 2023. In response to the NOW, on July 1, 2024, Donalsonville Hardware informed the EPA that they stopped selling the Ultra Chlor Sodium Hypochlorite 10.5% product shortly after the January 10, 2023, inspection and now sell the product under the name Azone. Pursuant to 40 C.F.R. ? 152.132, supplemental distribution is permitted, upon notification to the EPA, if all conditions in part 152.132(a) through (e) are met. Specifically, part 152.132(a) requires that the registrant submit to the Agency for each distributor product a statement signed by both the registrant and the distributor listing the names and addresses of the registrant and the distributor, the distributor?s company number, the additional brand name(s) to be used, and the registration number of the registered product; and part 152.132(d) requires that the label of the distributor product be the same as that of the registered product, except for changes listed in 40 C.F.R. ? 152.132(d)(1)-(5). Since no supplemental distribution statement signed by both the registrant of Azone and Donalsonville Hardware was submitted to the EPA, and the Azone label provided had multiple discrepancies, that did not meet the exceptions in part 152.132(d), from the EPA-approved label, the product did not meet the requirements set forth in 40 C.F.R. ? 152.132. Therefore, Azone did qualify as a valid distributor product and was sold and distributed by Donalsonville Hardware as an unregistered pesticide. Pursuant to Section 12(a)(1)(A) of FIFRA, it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is unregistered. The EPA alleges that Donalsonville Hardware violated Section 12(a)(1)(A) of FIFRA by having sold and/or distributed the unregistered pesticide Azone.

Defendants (1)

• Donalsonville Hardware, Inc.Named in settlement

Facilities (1)

• DONALDSVILLE HARDWARE, INC.

  1405 TENNILLE AVENUE, DONALDSVILLE, GA, 39845

  Registry ID: 110038259381

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Donalsonville Hardware, Inc.entered 2024-09-12

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-09-12Enforcement Action Closed
• 2024-09-12Final Order Issued
• 2024-10-04Enforcement Action Data Entered