EPA v. BHS ACQUISITIONS/INTERNATIONAL DIOXIDE, INC

Case summary

On May 9 and December 7, 2005, the Idaho State Department of Agriculture (ISDA) inspected BHS Acquisitions of Nampa, ID. During the inspections, ISDA collected sample labels of ASC Solution, a 25% Aqueous Sodium Chlorite disinfectant for municipal and other potable water systems and food processing systems. International Dioxide, Inc (IDI), a subsidiary of DuPont, registered this product with EPA as ADOX 8125 but allows BHS Acquisition to supplementally distribute it as ASC Solution. An EPA review of the ISDA inspection report showed that on six occasions, BHS Acquisitons sold ASC Solution with an outdated label lacking key precautionary, first aid, and physical and chemical hazard statements. EPA is penalizing DuPont $21,840 for the six sales of incorrectly labeled ASC Solution because IDI did not inform BHS Acquistions about important label updates. The penalty amount incorporates a 20% reduction for IDI's good faith effort expeditiously reaching a settlement with EPA.

Defendants (1)

• International Dioxide, Inc.Thomas C. McEntreeNamed in complaintNamed in settlement

Facilities (1)

• BHS ACQUISITIONS INCORPORATED

  1717 E FARGO AVE, NAMPA, ID, 836876827

  Registry ID: 110000468663

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BHS ACQUISITIONS/INTERNATIONAL DIOXIDE, INCentered 2006-07-31

  Primary law: FIFRA

  Federal penalty: $21,840

Timeline (4 milestones)

• 2006-07-24Enforcement Action Data Entered
• 2006-07-31Final Order Issued
• 2006-07-31Complaint Filed/Proposed Order
• 2006-09-13Enforcement Action Closed