EPA v. Pinch A Penny Store 51

Case summary

FIFRA NOW: 10/7/2026 Pinch A Penny #51 Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2027-3502 The U.S. Environmental Protection Agency regulates the registration, distribution, sale, and use of pesticide products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA or the Act), as amended, 7 U.S.C. ?? 136 et seq. The EPA is issuing this Notice of Warning (NOW) to Pinch A Penny #51 (hereinafter Pinch A Penny), pursuant to section 14(a)(4) of FIFRA. As explained below, the EPA finds that Pinch A Penny violated FIFRA section 12(a)(1)(E) by distributing or selling adulterated or misbranded pesticides. Summary of Facts On or around September 23, 2024, an authorized representative of the EPA conducted a routine producer establishment inspection at Pinch A Penny?s facility (EPA Est. No. 37826-FL-53) located at 185 South Yonge Street, Ormond Beach, Florida 32174. During the inspection, sales records were collected and photographs were taken of the label for Pinch A Penny Liquid Chlorinating Product (EPA Reg. No. 37826-3) (herein Liquid Chlorinating Product) in 1-gallon and 2.5-gallon containers. Pursuant to Section 2(q)(1)(F) of FIFRA, 7 U.S.C ? 136(q)(1)(F), a pesticide is ?misbranded? if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under Section 3(d) of this Act, are adequate to protect health and the environment. Pursuant to Title 40 of the Code of Federal Regulations (C.F.R.) ? 156.10(a)(1)(viii), every pesticide product shall bear a label containing the information specified by the Act and the regulations in this part, including directions for use as prescribed in paragraph (i) of this section. Pursuant to FIFRA Sections 12(a)(1)(E), 7 U.S.C. ? 136j(a)(1)(E) it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded. Pursuant to FIFRA Section 14, 7 U.S.C. 136j, violations of FIFRA may result in civil or criminal penalties. Civil penalties may be assessed at a rate of $24,885 per violation, as updated for inflation. See 40 C.F.R. ? 19.4. However, the EPA has determined that a NOW, in lieu of a civil penalty action, is the appropriate response for the violations of FIFRA outlined above. This NOW only resolves Pinch A Penny?s civil liability for the specific violations set forth above for the instances described in this NOW. The EPA has the right to institute further enforcement actions for any additional or continuing violations. The EPA may also institute further enforcement proceedings to recover appropriate relief upon obtaining evidence that any information or representations made by Respondent were false, inaccurate, or misleading. Nothing in this NOW relieves Pinch A Penny of its obligation to comply with all applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor shall it constitute a waiver, suspension, or modification of the requirements of FIFRA and any regulations promulgated thereunder.

Defendants (1)

• Pinch A Penny Store 51Named in settlement

Facilities (1)

• PINCH A PENNY STORE 51

  185 SOUTH YONGE STREET, ORMOND BEACH, FL, 32174

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Pinch A Penny Store 51entered 2026-10-07

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-10-07Final Order Issued
• 2026-10-07Enforcement Action Closed
• 2026-10-15Enforcement Action Data Entered