EPA v. VENUS LABORATORIES

Case summary

FIFRA ADMINISTRATIVE PENALTY CASE: SALE AND DISTRIBUTION OF A MISBRANDED PESTICIDE. VENUS FAILED TO PLACE WARNING LABELS IN JAPANESE ON SHIPMENTS TO JAPAN. ON FEBRUARY 15, 1995, REGION V FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT, ALLEGING THAT RESPONDENT VIOLATED 40 C.F.R. SEC. 168.65(B)(4)(II) BY SELLING AND DISTRIBUTING A MISBRANDED PESTICIDE, UNI-TAB, ON FIFTEEN SEPARATE OCCASIONS BY FAILING TO PLACE WARNING LABELS IN JAPANESE ON CERTAIN UNI-TAB SHIPMENTS TO JAPAN AS REQUIRED. THE PROPOSED PENALTY IN THE COMPLAINT WAS $52,500. RESPONDENT FILED AN ANSWER ON MARCH 14, 1995, ADMITTING IN PART AND DENYING IN PART THE FACTUAL ALLEGATIONS OF THE COMPLAINT, DENYING LIABILITY, CONTESTING THE PROPOSED PENALTY AND REQUESTING A HEARING. ON DECEMBER 27, 1996, THE REGIONAL ADMINISTRATOR EXECUTED A CONSENT AGREEMENT AND FINAL ORDER IN RESOLUTION OF THIS MATTER WHICH PROVIDES FOR THE PAYMENT OF A $20,000 CIVIL PENALTY BY RESPONDENT. BASED ON INFORMATION SUBSEQUENTLY PROVIDED TO U.S. EPA, U.S. EPA AGREED TO RECALCULATE THE PROPOSED PENALTY IN THE COMPLAINT BY ADJUSTING THE CULPABILITY FACTOR FROM 2 TO 0 PURSUANT TO THE ERP, RESULTING IN AN ADJUSTED PROPOSED PENALTY OF $37,500. FOR THE PURPOSE OF SETTLEMENT ONLY, U.S. EPA AGREED TO MITIGATE THE PROPOSED PENALTY DOWNWARD BASED ON CONSIDERATION OF RESPONDENT'S PROMPT DEMONSTRATION OF COMPLIANCE AND COOPERATIVE ATTITUDE IN RESPONSE TO THIS ENFORCEMENT ACTION, AND OTHER FACTORS AS JUSTICE REQUIRES, THEREBY RESULTING IN A CIVIL PENALTY OF $20,000.

Defendants (1)

• VENUS LABORATORIES, INC.Named in complaintNamed in settlement

Facilities (2)

• VENUS LABORATORIES INCORPORATED

  855 LIVELY BLVD, WOOD DALE, IL, 601912688

  Registry ID: 110010830020

• VENUS LABORATORIES INCORPORATED

  855 LIVELY BLVD, WOOD DALE, IL, 601912688

  Registry ID: 110010830020

Statutes cited

• FIFRA 2Q — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• VENUS LABORATORIESentered 1996-12-30

  Primary law: FIFRA

  Federal penalty: $20,000

Timeline (4 milestones)

• 1994-12-27Enforcement Action Data Entered
• 1995-02-15Complaint Filed/Proposed Order
• 1996-12-30Final Order Issued
• 1997-05-02Enforcement Action Closed