EPA v. MT HOOD CHEMICAL

Case summary

Mt. Hood Chemical (Mt. Hood) is a soap and disinfectant producer located in Portland, Oregon. On March 22, 2005, Oregon Department of Agriculture conducted a producer establishment inspection at Mt. Hood. During case development, EPA found 13 counts of misbranding with 11 of Mt. Hood's products. EPA conducted a follow-up inspection on December 15, 2006, when it issued Stop Sale Use and Removal Orders for the 11 products. Mt. Hood corrected misbranding violations subsequent to the inspection. EPA is now proposing administrative penalty action of $3,900 per count for the 13 counts of misbranding associated with the 11 products. On August 7, 2006, EPA Pesticide Program received email notifying it that Mt. Hood relabeled its unregistered Crown bleach 5 gallon pails with registered Sunny Sol 150 labels (EPA Reg No 1744-2001). EPA obtained photographs of the relabeled product and 14 invoices from a former customer. EPA requested additional information during the Decemmber 16, 2006 inspection. EPA is charging selling and distributing unregistered and misbranded pesticides for each of the 14 sales documented in the invoices (for a total fo 28 violations) with a penalty amount of $5200 per count. EPA is propsing a 20% reduction off the total penalty amount for cooperation.

Defendants (1)

• MT. HOOD CHEMICALSNamed in complaintNamed in settlement

Facilities (1)

• MT. HOOD CHEMICAL

  4444 NW YEON AVE, PORTLAND, OR, 97210

  Registry ID: 110000487376

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• MT HOOD CHEMICALentered 2007-04-25

  Primary law: FIFRA

  Federal penalty: $90,000

Timeline (4 milestones)

• 2007-04-03Enforcement Action Data Entered
• 2007-04-25Final Order Issued
• 2007-04-25Complaint Filed/Proposed Order
• 2007-05-01Enforcement Action Closed