EPA v. IBC Manufacturing/Gardner-fields, Inc

Case summary

Two Enforcement Actions Issued: 11/16/2012 - Gardner-fields and 2/26/2013 - IBC Manufacturing Company Gardner-Fields (11/16/2012) On September 24, 2008, EPA Region conducted an inspection at Gardner-Fields, Inc. (GFI) in Tacoma Washington. Information collected during the inspection showed that GFI, under the direction and authorization from the registrant, IBC Manuafacturing (IBC), produced, distributed, and sold four wood preservatives will out-dated/misbranded labels. Under the Federal Insecticide Fungicide and Rodenticide Act wood preservatives are considered pesticide and must be registered with the EPA and be distributed and sold with proper labeling. After ensuring the products were appropriately labeled, EPA Region 10 worked with EPA headquarters to ensure other aspect of FIFRA were not being violated. This action settles GFI's libility in the violations outlined in EPA's September 27, 2012, Complaint. GFI agreed to pay a penalty of $35,336.00 for 153 separate sales of the four misbranded pesticides representing about 10% of the total penalty outlined in the September 27, 2012. The four products are ATCO Woodlast 1420 (EPA Reg. No. 1022-491-3486), ATCO Woodlast 2c 1423 (EPA Reg. No. 1022-522-3486), ATCO Woodlast 2 RTU 1422 (EPA Reg. No. 1022-518-3486), and ATCO Shakelast 1441 (EPA Reg. No. 1022-518-3486). IBC Manufacturing (2/26/2013): On February 26, 2013, Region 10 filed a Consent Agreement and Final Order (CAFO) with IBC Manufacturing Company (IBC) for violations of the Federal Insecticide, Fungicide, and Rodenticide Act. Gardner-Fields, Inc. settled its share of liability for these violations in a separate CAFO on November 6, 2012. Gardner-Fields, Inc. produced, sold, and distributed four IBC wood preservatives under its own brand names with outdated labels. The four products are ATCO Woodlast 1420, ATCO Woodlast 2c 1423, ATCO Woodlast 2 RTU 1422, and ATCO Shakelast 1441. Gardner-Fields agreed to pay a penalty of $35,336 to settle the violations. IBC, the owner of the products, allowed the wood preservatives to be distributed and sold with outdated labels, by failing to inform Gardner-Fields, Inc. of important label changes required by EPA. IBC Manufacturing agreed to pay a penalty of $265,000 to settle the violations.

Defendants (3)

• IBC Manufacturing/Gardner-fields, IncNamed in complaintNamed in settlement
• IBC Manufacturing CompanyNamed in complaintNamed in settlement
• Gardner-fields, IncNamed in complaint

Facilities (2)

• GARDNER-FIELDS CORPORATION

  2240 TAYLOR WAY, TACOMA, WA, 98421

  Registry ID: 110015549263

• IBC MANUFACTURING CO

  416 BROOKS ROAD EAST, MEMPHIS, TN, 38109-2931

  Registry ID: 110000374014

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (2)

• IBC Manufacturing/Gardner-fields, Incentered 2013-02-26

  Primary law: FIFRA

  Federal penalty: $265,000

• Gardner-Fields, Incentered 2012-11-06

  Primary law: FIFRA

  Federal penalty: $35,336

Timeline (4 milestones)

• 2012-09-19Complaint Filed/Proposed Order
• 2012-09-19Enforcement Action Data Entered
• 2013-02-26Final Order Issued
• 2016-08-01Enforcement Action Closed