N. J., I.F.R. 1351-1400 Issued December 1974
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
ENFORCEMENT AND GENERAL COUNSEL
OFFICE OF GENERAL ENFORCEMENT
PESTICIDES ENFORCEMENT DIVISION
NOTICES OF JUDGMENT UNDER THE FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Nos. 1351 - 1400
Notices of Judgment report cases involving seizure actions
taken against products alleged to be in violation, and criminal and
civil actions taken against firms or individuals charged to be respon-
sible for violations. The following Notices of Judgment are approv-
ed for publication as provided in Section 16(d) of the Federal Insecti-
cide Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136n).
Alan G. Kirk II
Assistant Administrator for
Enforcement and General Counsel
Washington, D.C.
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1351. EPA v. Murd Co., EPA Region III, May 16, 1974. (I.F.&R.
No. III-26C, I.D. No. 104473.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136(q)(l)(A) and 135a(a)(l). The action pertained to a
product held for distribution or sale on September 10, 1973, at Murd
Co., Philadelphia, Pennsylvania. The pesticide involved was ZURD
SPECIAL-AEROSOL INSECT KILLER; charges included claims made
for the product differed in substance from the representations made
in connection with its registration and misbranding—labels bore false
or misleading claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $100.00.
1352. EPA v. National Milling & Chemical Co., Inc., EPA Region
III, July 2, 1974. (I.F.&R. No. III-38C, I.D. No. 104518.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); 136(q)(l)(G); 136 (qXD(F);
136(q)(2)(A); and 135(o). The action pertained to a shipment made
on July 19, 1973, from Philadelphia, Pennsylvania, to Wilmington,
Delaware. The pesticide involved was STERLING 444, NAMICO
444 CLEANER & SANITIZER; charges included nonregistration and
misbranding—lack of adequate warning or caution statement, lack
of adequate directions for use, and lack of adequate ingredient
statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $250.00.
1353. EPA v. Cantol, Inc., Tech. Div., EPA Region 111, July 5,
1974. (I.F.&R. No. 111-41C, I.D. No. 104432.)
858
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136(q)(l)(F); and 136(q)(l)(A). The action pertained to
a product held for distribution or sale on August 28, 1973, at Cantol,
Inc., Tech. Div., Philadelphia, Pennsylvania. The pesticide involved
was SANIPOR PORCELAIN CLEANER & DISINFECTANT; the
charge was misbranding—lack of adequate directions for use on
labeling and labels bore false or misleading claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $100.00.
1354. U.S. v. Southern Chemical Products Co., Inc., U.S. District
Court, Middle District of Georgia, Criminal No.
74-31 -MAC, March 26, 1974. (I.F.&R. No. 1386, I.D. Nos.
97398, 67645, 67647, 84438, and 84440.)
This was a criminal action charging the defendant in a 15 count in-
formation with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(2)(c); 135a(a)(2)(d); 135a(a)(5);
135f; 135(z)(l); 135(z)(2)(c); 135(z)(2)(d); and 40 CFR 162.6(f) and
162.9. The action pertained to shipments made on Janua y 4, Feb-
ruary 18, June 24, July 30, and September 2, 1971, from Macon,
Georgia to Chattanooga, Tennessee; Charleston, South Carolina;
and Ashville, North Carolina. The pesticides involved were DATEX
PINE OIL DISINFECTANT FORMULA B, AZALEA PINE ODOR
DISINFECTANT PHENOL FORTIFIED COEFFICIENT 5, AZALEA
PREMIUM FLY & ROACH SPRAY, and PINE ODOR
DISINFECTANT; the charge was misbranding—lack of adequate
caution or warning statement, lack of adequate directions for use,
lack of statement of net weight or measure of content, lack of
assigned registration number on labels and labels bore a false or mis-
leading registration number.
The defendant entered a plea of guilty to counts 1, 2, 3, 4, and 14.
The remaining counts were dismissed.
859
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A fine of $50.00 was levied.
1355. EPA v. Federal Chemical Company, EPA Region V, July
17, 1974. (I.F.&R. No. V-52C, I.D. Nos. a7382r 87384,
87387, and 87389.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135(a)(l); 136j(a)(l)(E); and 136(q)(l)(A). The action pertained to
products held for distribution or sale on August 7, 1973, at Federal
Chemical Company, Indianapolis, Indiana. The pesticides involved
were ARAB U-DO-IT TERMITE CONTROL, ARAB FOGERATOR,
and ARAB BUG-DETH; charges included claims made for product
differed in substance from the representations made in connection
with its registration, misbranding and adulteration—strength or
purity fell below the standard of quality represented in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,300.00.
1356. U.S. v. MacDonald Laboratories, Inc., U.S. District Court,
District of Minnesota, Criminal No. 3-73-CR-19, March 19,
1973. (I.F.&R. No. V-5, I.D. Nos. 97955 and 99457.)
This was a criminal action prepared by EPA Region V charging the
defendant in a four count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135a(a)(5); 135(z)(l); and 135f. The action pertained to shipments
made on April 3, 1971, and March 20, 1972, from White Bear Lake,
Minnesota, to Waterford, Michigan, and Cincinnati, Ohio. The
pesticides involved were CLEARWATER PILLS and CLEARWATER
TABLETS; charges included nonregistration and misbranding-labels
bore unwarranted safety claims.
The defendant entered a plea of guilty to Count I. The remaining
counts were dismissed.
860
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A fine of $100.00 was levied.
1357. U.S. v. United Laboratories, Inc., U.S. District Court,
Northern District of Illinois, Criminal No. 73-CR-218, April
14, 1973. (I.F.&R. No. V-ll, I.D. Nos. 97111 and 99526.)
This was a criminal action prepared by EPA Region V charging the
defendant in a six count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b; 135(z)(2)(d); 135(z)(2)(e); and 135f. The action pertained to
shipments made on March 12, 1971, and March 12, 1972, from Ben-
senville, Illinois, to Hubbard, Ohio, and Albuquerque, New Mexico.
The pesticides involved were UL-21 and UL-41; charges included
nonregistration and misbranding—lack of adequate caution state-
ment and lack of ingredient statement on labels.
The defendant entered a plea of guilty to all counts.
A fine of $4,000.00 was levied of which $3500.00 was suspended.
1358. U.S. v. B. L. Marder Co., U.S. District Court, Northern
District of Illinois, Criminal No. 73-CR-306, May 25, 1973.
(I.F.&R. No. V-19, I.D. No. 98046.)
This was a criminal action prepared by EPA Region V charging the
defendant in a 3 count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b; 135a(a)(5); and 135(z)(2)(d). The action pertained to a
shipment made on November 5, 1971, from Chicago, Illinois, to St.
Paul, Minnesota. The pesticide involved was MC-9 BOOT
REFRESHER; charges included nonregistration and misbranding—
lack of adequate caution statements and lack of ingredient statement
on labels.
The defendant entered a plea of guilty to all counts.
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A fine of $500.00 was levied on count I. Imposition of sentence was
suspended on Counts II & III. Firm was placed on three years
probation.
1359. U.S. v. Pennwalt Corporation, U.S. District Court, Eastern
District of Michigan, Criminal No. 48739, July 25, 1973.
(I.F.&R. No. V-22, I.D. Nos. 69618 and 97706.)
This was a criminal action prepared by EPA Region V charging the
defendant in a four count indictment with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b; 135(z)(2)(e); 135f; 135a(a)(5); and 135(z)(l). The action
pertained to shipments made on October 27, 1971, and June 6,
1972, from Wyandotte, Michigan, to Galesburg, Illinois, and
Baltimore, Maryland. The pesticides involved were PENNWALT
PENTAPHEN 67 and PENNSWIN SUPER CLOR-TABS; charges
included nonregistration and misbranding—lack of ingredient
statement on labels and labels bore a false registration number.
The defendant entered a plea of guilty to Count IV. The remaining
counts were dismissed.
A fine of $500.00 was levied.
1350. U.S. v. Nelson Chemicals Company, U.S. District Court,
Eastern District of Michigan, Criminal No. 48747, July 30,
1973. (I.F.&R. No. V-25, I.D. Nos. 86573 and 89207.)
This was a criminal action prepared by EPA Region V charging the
defendant in a three count indictment with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b; 135a(2)(c); and 135f. The action pertained to shipments made
on July 20 and July 23, 1972, from Detroit, Michigan, to Maumee,
Ohio, and Amsterdam, New York. The pesticides involved were
NELSON KLORO CHLORINE SOLUTION CONCENTRATED and
TEXTREAT-362; charges included nonregistration and misbranding
—lack of a statement of net weight or measure of content on labels.
862
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The defendant entered a plea of guilty to Count III. The -emaining
counts were dismissed.
A fine of $500.00 was levied.
1361. U.S. v. C-Z Chemical, U.S. District Court, Western District
of Wisconsin, Criminal No. 73-CR-59, August 28, 1973.
(I.F.&R. No. 1366, I.D. Nos. 99547 and 98471.)
This was a criminal action charging the defendant in a five count in-
formation with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(l); 135a(a)(5); 135a(a)(2)(c);
135(z)(2)(e); 135(z)(l); 135b; 135f; and 135(o). The action pertained
to shipments made on June 8 and December 14, 1971, from Beloit,
Wisconsin, to Sterling, Colorado, and St. Ignac, Michigan. The
pesticides involved were THRUST and C-Z PINALENE
DISINFECTANT; charges included nonregistration and misbranding
—lack of adequate ingredient statement on labels, lack of net weight
or measure of content statement on labels, and labels bore a false
or misleading registration number.
The defendant entered a plea of guilty to all counts.
A fine of $500.00 was levied.
1362. U.S. v. Conway Soap Products Company, Inc., U.S.
District Court, Northern District of Illinois, Criminal No. 73
CR-525, September 28, 1973. (I.F.&R. No. V-044, I.D. No.
97661.)
This was a criminal action prepared by EPA Region V charging the
defendant in a four count information with violating the Federal In-
secticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l); 135b;
135a(a)(5); 135(z)(l); and 135(z)(2)(d). The action pertained to a
shipment made on July 23, 1971, from Chicago, Illinois, to Mil-
waukee, Wisconsin. The pesticide involved was CONWAY LEMON
DISINFECTANT; charges included nonregistration, misbranding and
863
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adulteration—strength or purity of the product fell below the
professed standard of quality as represented in labeling and lack of
adequate precautionary statements on labels.
The defendant entered a plea of nolo contendere.
A fine of $500.00 was levied.
1363. U.S. v. Huntington Laboratories, Inc., U.S. District Court,
Northern District of Indiana, Criminal No. 73F CR-65,
November 2, 1973. (I.F.&R. No. 1367, I.D. Nos. 67391,
81197, 98115 and 99373.
This was a criminal action charging the defendant in a four count
information with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(5); 135(z)(l); and 135f. The action
pertained to shipments made on July 16, 1970; and January 6, July
20, and September 27, 1971, from Huntington, Indiana, to Norfolk,
Nebraska; Detroit, Michigan; Mason City, Iowa; and Denver,
Colorado. The pesticides involved were MATAR GERMICIDAL
DETERGENT and COMPASS. The charge was misbranding—when
used as directed in labeling the pesticides could not be relied upon
to act as a germicide or as a fungicide.
The defendant entered a plea of guilty to count II. The remaining
counts were dismissed.
A fine of $435.00 was levied, including $35.00 court costs.
1364. U.S. v. U.S. Medical Specialty Company, Inc., U.S. District
Court, District of Minnesota, Criminal No. 73 CR-197,
November 19,1973. (I.F.&R. No. V-37, I.D. Nos. 89869 and
104198.)
This was a criminal action prepared by EPA Region V, charging the
defendant in a three count information with violating the Federal In-
secticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(1) and
864
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135b. The action pertained to shipments made on Junf 12 and
August 7, 1972, from Richfield, Minnesota, to Omaha, Nebraska,
and Fort Dodge, Iowa. The pesticide involved wa: USCO
GERMICIDAL FOR SURGICAL AND DENTAL INSTRUMENTS; the
charge was nonregistration.
The defendant entered a plea of guilty to count 1. The remaining
counts were dismissed.
A fine of $100.00 was levied.
1365. U.S. v. Burr Engineering & Development Company, U.S.
District Court, Western District of Michigan, Criminal No.
G-9-73CR, November 27, 1973. (I.F.&R. No. V-10,1.D. No.
90780.)
This was a criminal action prepared by EPA Region V charging the
defendant in a. two count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b;135a(a)(5); and 135(z)(2)(e). The action pertained to a shipment
made on April 24, 1972, from Battle Creek, Michigan, to Fort Worth,
Texas. The pesticide involved was PINK MAGIC; charge, included
nonregistration and misbranding—lack of ingredient statement on
labels.
The defendant entered a plea of nolo contendere.
A fine of $ 1,500.00 was levied. $ 1000.00 of the fine was suspended.
1366. U.S. v. Med Ram, Inc., U.S. District Court, District of
Minnesota, Criminal No. 4-73-CR-221, December 21,
1973. (I.F.&R. No. V-35, I.D. Nos. 87927, 85354, and
81631.)
This was a criminal action prepared by EPA Region V charging the
defendant in a three count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(1);
865
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135b; 135a(a)(5); 135(z)(2)(d); and 135f. The action pertained to
shipments made on August 20 and September 1, 1971, from Osakis,
Minnesota, to Buffalo, New York, and Pikeville, North Carolina. The
pesticides involved were THERMO-CADDY GERMICIDE and DIAL-
A-THERM GERMICIDE; charges included nonregistration and mis-
branding—lack of adequate precautionary statement on labels.
The defendant entered a plea of guilty to count 1. The remaining
counts were dismissed.
A fine of $250.00 was levied.
1367. U.S. v. Chaska Chemical Company, Inc., U.S. District
Court, District of Minnesota, Criminal No. 3-73-CR 138,
January 3, 1974. (I.F.&R. No. 1381,1.D. Nos. 98050, 98075
and 99749.)
This was a criminal action charging the defendant in a four count
information with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(5); 135(z)(2)(c); 135(z)(2)(d); and
135f. The action pertained to shipments made on August 24, 1971;
June 7, 1972; and July 31, 1972, from Savage, Minnesota, to New
Richmond, Wisconsin. The pesticides involved were CHASKA-SAN
DISINFECTANT-BACTERICIDE-ALKALINE DETERGENT, KIK-3,
and CLOR-12; the charge was misbranding—lack of adequate
warning statement and lack of adequate directions for use on labels.
The defendant entered a plea of guilty to all counts.
A fine of $200.00 was levied.
1368. U.S. v. The Mackwin Company, U.S. District Court,
District of Minnesota, Criminal No. 1-73-PO-22, January
21, 1974. (I.F.&R. No. V-055, I.D. No. 103422.)
This was a criminal action prepared by EPA Region V charging the
defendant in a two count information with violating the Federal In-
866
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secticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)P); 135b;
135a(a)(5); 135(z)(l); and 135f. The action pertained to a shipment
made on or about January 1, 1972, from Winona, Minnesota, to
Denver, Colorado. The pesticide involved was GAMBLES
FARMCREST PELLETED RAT BAIT WITH PROLIN; charges in-
cluded nonregistration and misbranding—labels bore a false or mis.-
leading registration number implying that the product was registered.
The defendant entered a plea of guilty to count 1. Count II was
dismissed.
A fine of $250.00 was levied.
1369. U.S. v. Parsons Chemical Works, Inc., U.S. Distr ct Court,
Western District of Michigan, Crimina! No. G-74-7CR,
February 4, 1974. (I.F.&R. No. 1368, I.D. Nos. 67333,
68470, 68471, 84000, 97551, and 97782.)
This was a criminal action prepared by EPA Region V charging the
defendant in a 19 count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135a(a)(5); 135(z)(l); 135(z)(2)(c); 135(z)(2)(d); 1C 5(z)(2)(e);
135(z)(2)(f); 135(y); 135b; and 135f. The action pertained to
shipments made on. July 7, 1970; March 11, March 24, May 5, and
September 8, 1971; and May 8, 1972, from Grand Ledge, Michigan,
to Mount Gilead, Ohio; and Marshfield, Oshkosh, and Platteville,
Wisconsin. The pesticides involved were PARSONS POMATO
TOMATO POTATO DUST OR SPRAY, PARSONS 3-WAY DUST,
PARSONS SEED PROTECTANT, PARSONS NO-BITE INSECT
REPELLENT, and PARSONS LETHOGAS FUMIGANT; charges
included nonregistration, composition differed from that represented
in connection with its registration, adulteration, and misbranding—
strength or purity below the standard of quality represented in
labeling, contaminated with additional active ingredient not declared
in labeling, labels bore a false or misleading registration number, lack
of adequate directions for use, lack of adequate ingredient
statement, and lack of adequate warning or caution statement on
labels.
867
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The defendant entered a plea of guilty to all counts.
A fine of $1200.00 was levied.
1370. U.S. v. Good-Life Chemicals, Inc., U.S. District Court,
Eastern District of Illinois, Criminal No CR 73-53-D,
February 5,1974. (I.F.&R. No. 1390,1.D. Nos. 86659, 97990
and 98957.)
This was a criminal action charging the defendant in a five count in-
formation with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(l); 135a(a)(5); 135(z)(2)(d); and
135f. The action pertained to shipments made on December 1, 1971;
March 28, 1972; and April 5, 1972, from Effingham, Illinois, to
Marshall, Missouri; Florence, Kentucky; and Kokomo, Indiana. The
pesticides invloved were GOOD-LIFE 45% CHLORDANE SPRAY,
and GOOD-LIFE SODIUM ARSENITE 42.5% SOLUTION; charges
included claims and directions for use differed in substance from the
representations made in connection with the products registration
and misbranding—lack of adequate warning or caution statement
on labels.
The defendant entered a plea of guilty to count 1. The remaining
counts were dismissed.
A fine of $500.00 was levied.
1371. U.S. v. Lan-O-Sheen, Inc., U.S. District Court, District of
Minnesota, Criminal No. 3-74-CR-21, March 11, 1974.
(I.F.&R. No. V-065, I.D. No. 75069.)
This was a criminal action prepared by EPA Region V charging the
defendant in a two count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135b;
135(z)(2)(e); 135a(a)(5); and 135f. The action pertained to a shipment
made on July 31, 1972, from St. Paul, Minnesota, to Baltimore,
Maryland. The pesticide involved was LAN-O-SHEEN ALGAE
868
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SCUM REMOVER; charges included nonregistrat'on and
misbranding—lack of an ingredient statement on labels.
The defendant entered a plea of guilty to count II. Count I was
dismissed.
A fine of $500.00 was levied.
1372. U.S. v. Warsaw Chemical Co., U.S. District Court,
Northern District of Indiana, Criminal No. CR. 74-5, March
27, 1974. (I.F.&R. No. V-43, I.D. No. 69471.)
This was a criminal action prepared by EPA Region V charging the
defendant in a two count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135(b)(a); 135a(a)(2)(c); and 135f. The action pertained to a shipment
made on April 25, 1972, from Warsaw, Indiana, to Baltimore,
Maryland. The pesticide involved was FORMULA CT-5 EGG
WASHING COMPOUND; charges included nonregistration and
misbranding-lack of statement of net weight or measure of content
on labels.
The defendant entered a plea of guilty to both counts.
A fine of $750.00 was levied.
1373. U.S. v. 4 four hundred fifty-five-pound containers, more
or less, of a product labeled in part "AQUANUL-819." U.S.
District Court, E. District of Illinois, June 23, 1972. (I.F.&R.
No. 1312, I.D. No. 97748.)
This was a seizure action charging the product with being in violation
of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135(z)(2)(e); 135a(a)(5); and 135(o). The action pertained to a
shipment made on March 7, 1972, by Aquaness Chemical Company,
from Houston, Texas, to Robinson, Illinois. The product was
misbranded—lack of adequate ingredient statement on labels.
869
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The Default Decree of Condemnation ordered destruction of the
seized product.
1374. EPA v. Exxon Chemical Co. U.S.A., EPA Region VI,
November 26, 1973. (I.F.&R. No. VI-8C, I.D. No. 90934.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 136j(a)(l)(E); and 40 CFR 162.14. The action pertained
to a shipment made on January 8, 1973, from Houston, Texas, to
Abbeville, Louisiana. The pesticide involved was COREBIT 7671
BACTERICIDE; charges included claims made for the product
differed in substance from the representations made in connection
with its registration and misbranding—label bore false or misleading
claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1375. EPA v. Great Lakes Chemical Corp., EPA Region VI,
November 26, 1973. (I.F.&R. No. VI-6C, I.D. Nos. 90052
and 90053.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 135(o); 136(q)(l)(G); 136(q)(2)(A); 136(q)(2)(D); and
136j(a)(l)(E). The action pertained to a shipment made on April 23,
1973, from El Dorado, Arkansas, to Hazelwood, Missouri. The
pesticides involved were DAWSON 37 GRAIN FUMIGANT and
DAWSON LOW DOSAGE FUMIGANT; charges included
nonregistration and misbranding—lack of adequate warning or
caution statement and lack of adequate ingredient statement on
labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1875.00.
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1376. U.S. v. Grain Chemical Co., U.S. District Court, N. District
of Texas, Criminal No. 3-3234, September 20, 1973.
(I.F.&R. No. 1362, I.D. Nos. 98357 and 100535.)
This was a criminal action charging the defendant in a five count in-
formation with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(2)(C); 135a(a)(5); 135f; 135(y); and
135(z)(l). The action pertained to a shipment made on September
2 and 10, 1971, from Dallas, Texas, to Lamar, Colorado, and
Hazlehurst, Georgia. The pesticides involved were CRAIN
SLIMICIDE and NEW GLO LEMON DISINFECTANT; charges
included adulteration and misbranding—strength or purity fell below
the professed standard of quality under which it was sold and lack
of statement of net weight or measure of content.
The defendant entered a plea of guilty to count 3. The remaining
counts were dismissed.
A fine of $500.00 was levied.
1377. U.S. v. Faroy, Inc., U.S. District Court, Southern District
of Texas, Criminal No. 73-HA-674, February 7, 1974.
(I.F.&R. No. VI-35, I.D. No. 96881.)
This was a criminal action prepared by EPA Region VI charging the
defendant in a three count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(5);
135b(a); 135(z)(2)(i); and 135(o). The action pertained to a shipment
made on July 9, 1971, from Houston, Texas, to Lrkc- Charles,
Louisiana. The pesticide involved was FAROY GARDEN FLARES;
charges included nonregistration and misbranding—lack of
adequate precautionary statement and lack of adequate ingredient
statement on labels.
The defendant entered a plea of guilty to count 3. The remaining
counts were dismissed.
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A fine of $500.00 was levied. The fine was suspended and the
defendant was placed on probation for one year.
1378. U.S. v. 173 Cartridges, more or less, of a product labeled
in part "HUMANE COYOTE GETTER CHEMICAL
CARTRIDGES". U.S. District Court, Western District of
Texas, June 23, 1972. (I.F&R. No. VI-3,1.D. No. 100452.)
This was a seizure action charging the product with being in violation
of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(1) and 135b. The action pertained to a shipment made on
February 16, 1972, by Humane Coyote Getter, Inc., from Pueblo,
Colorado, to Alpine, Texas. The product was not registered.
The Default Decree of Condemnation ordered destruction of the
seized product.
1379. U.S. v. 45 Cartridges, more or less, of a product labeled
in part "HUMANE COYOTE GETTER CHEMICAL
CARTRIDGES." U.S. District Court, Northern District of
Texas, August 16, 1972. (I.F.&R. No. VI -2, I.D. No.
100450.)
This was a seizure action charging the product with being in violation
of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l) and 135b. The action pertained to a shipment made on
March 3, 1972, by Humane Coyote Getter, Inc., from Pueblo,
Colorado, to Baird, Texas. The product was not registered.
The Default Decree of Condemnation ordered destruction of the
seized product.
1380. EPA v. Patterson Chemical Company, EPA Region VII,
March 26, 1974. (I.F.&R. No. VII-20C, I.D. Nos. 69044 and
102213.)
872
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C
136j(a)(l)(E); 136q(l)(A); 136(c)(l); and 136(c)(2). The action
pertained to a shipment made on March 15, 1973, from Kansas City,
Missouri, to Omaha, Nebraska, and to a product held for distribution
or sale on August 3, 1973, at Patterson Chemical Company, Kansas
City, Missouri. The pesticides involved were PATTERSON SOD
WEBWORM GRANULES WITH TURF FUNGICIDE and
PATTERSON'S GREEN UP ROSE SPRAY; charges included
adulteration and misbranding—strength or purity fell below the pro-
fessed standard of quality as expressed on its labeling and
contaminated with an additional active ingredient not declared in
labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
1381. EPA v. Ciba-Geigy Corporation, EPA Region VII, April
4, 1974. (I.F.&R. No. VII-19C, I.D. No. 102256.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136a(a); 136j(a)(l)(A); 136j(a)(l)(E); 136(q)(l)(G); 136(q)(l)(F);
136(q)(2)(A); and 136(q)(2)(C)(iii). The action pertained to a shipment
made on March 21, 1973, from Des Moines, Iowa, to St. Joseph,
Missouri. The pesticide involved was MONSANTO RAMROD
ATRAZINE 20G; charges included nonregistration and misbranding
—lack of adequate warning or caution statement, lack of adequate
directions for use, lack of adequate ingredient statement, and lack
of statement of net weight or measure of content on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,000.00.
1382. EPA v. Hanlon Chemical Company, EPA Region VII, June
14,1974. (I.F.&R. No. VII-27C, I.D. Nos. 69336,102279 and
102280.)
873
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This was a civil action in which the respondent was charged with vio-
lating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C 136j(a)(l)(A); 136j(a)(l)(E); and 136q(l)(G). The action
pertained to shipments made on April 19, July 2, and September 10,
1973, from Kansas City, Kansas, to Kansas City, Missouri. The
pesticide involved was VIBRA-CLEAN ANTI-SEPTIC SKIN
CLEANSER; charges included nonregistration and misbranding—
lack of adequate precautionary statements and lack of adequate
ingredient statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1383. EPA v. Navy Brand Manufacturing Comapny, EPA
Region VII, June 28, 1974. (I.F.&R. No. VII-36C, I.D. No.
87520.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(1)(E); and 136(q)(l)(A). The action
pertained to a shipment made on or about August 9, 1973, from St.
Louis, Missouri, to Lawrence, Kansas. The pesticide involved was
KILZUM WASP-HORNET YELLOW JACKET KILLER; charges in-
cluded nonregistration and misbranding—labels bore a false or
misleading registration number implying that the product was
registered.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $900.00.
1384. EPA v. Anchor Laboratories, Inc., EPA Region VII, July
10, 1974. (I.F.&R. No. VI1-41C, I.D. No. 93939.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136(q)(l)(A); 136(c)(l); 135a(a)(l);and 136(q)(l)(G).The
action pertained to a shipment made on or about June 28, 1973,
874
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from North Kansas City, Missouri, to Burnsville, Minnesota. The
pesticide involved was ANCHOR DELNAV LIVESTOCK SPRAY
AND BACKRUBBER; charges included misbranding and
adulteration—strength or purity fell below the standard of quality
represented in labeling, lack of adequate caution or warning state-
ment, and contained less product than stated in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00.
1385. EPA v. National Laboratories Division, EPA Region VII,
July 17, 1974. (I.F.&R. No. VII-38C, I.D. No. 105609.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); and 136(q)(l)(A). The action
pertained to a shipment made on December 11, 1973,.from Parsons,
Kdnsas, to Sturgeon, Missouri. The pesticide involved was KIL-ZAL
BRAND WARFARIN RAT AND MOUSE KILLER; charges included
nonregistration and misbranding—labels bore a false or misleading
registration number implying that product was registered.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
1386. EPA v. Research Products Company, EPA Region VII, July
18, 1974. (I.F.&R. No. VII-43C, I.D. No. 87459.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); and 136(q)(l)(A). The action
pertained to a product held for distribution or sale on October 17,
1973, at Research Products Company, Salina, Kansas. The pesticide
involved was MAXKILL DIAZINON; charges included nonregistra-
tion and misbranding—labels bore a false or misleading registratior
number implying that the product was registered.
875
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00.
1387. EPA v. The Weevil-Cide Company, EPA Region VII, July
18, 1974. (I.F.&R. No. VII-39C, I.D. No. 91012.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); and 136(q)(l)(A). The action
pertained to a shipment made on August 7, 1973, from Salina, Kan-
sas, to Channelview, Texas. The pesticide involved was WEEVIL-
CIDE CONTACT SPRAY CONTACTU-CIDE; charges included
nonregistration and misbranding—labels bore a false or misleading
registration number implying that the product was registered.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00.
1388. U.S. v. Rid-A-Bird, U.S. District Court, Southern District
of Iowa, Criminal No. 73-80, February 20, 1974. (I.F.&R.
No. VII-62, I.D. No. 90477.)
This was a criminal action prepared by EPA Region VII charging the
defendant in a four count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b(a); 40 CFR 162.10; 135(z)(l); 135(z)(2)(b); 135f(b); and
135a(a)(5). The action pertained to shipments made on August 3 and
October 3, 1972, from Muscatine, Iowa, to Dallas, Texas. The
pesticide involved was PEANUT RODENT CAKE MOLDED READY
TO USE WITH DIPHACIN; charges included nonregistration and
misbranding—labels bore a false or misleading registration number
implying that the product was registered.
The case was dismissed by the Court upon motion of the U.S.
Attorney.
876
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1389. U.S. v. Southern National Mfg., Co., U.S. District Court,
Western District of Missouri, Criminal No. 73CR76, March
11, 1974. (I.F.&R. No. VII-59, I.D. Nos. 87304, 89995,
89998, and 90021.)
This was a criminal action prepared by EPA Region VII charging the
defendant in an eighteen count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136j(a)(l)(A);
136j(a)(l)(E); and 136j(a)(2)(K). The action pejtaiaed to shipments
made on February 7, 13 and 16, 1973, from Hollister, Missouri, to
Omaha, Nebraska; Matloon, Illinois; and Sedalia, Missouri. The
pesticides involved were BUGMASTER MODEL H CRYSTALS,
BUGMASTER MODEL O CRYSTALS, and MODEL H
BUGMASTER UNITS, charges included nonregistration, violation of
cancellation of registration, and misbranding—labels bore a false or
misleading statement implying that the product was registered.
The defendant entered a plea of guilty to counts two and three. The
remaining counts were dismissed.
A fine of $1,000.00 was levied.
1390. EPA v. Wasatch Chemical Company, EPA Region VIII,
September 21, 1973. (I.F.&R. No. VIII-002C, I.D. Nos.
101926 and 103808.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l) and 135b. The action pertained to a shipment made on
March 20, 1973, from Salt Lake City, Utah, to Denver, Colorado.
The pesticides involved were WONDER GRO FRUIT AND BERRY
SPRAY and WACO SANITAL; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,000.00.
877
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1391. EPA v. Wasatch Chemical Company, EPA Region VIII,
October 26, 1973. (I.F.&R. Nos. VIII-004C, 005C, 006C, and
007C, I.D. Nos. 89798, 90146, 101933, and 101983.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136(q)(2)(C)(v); and 136(c)(l). The action pertained to
shipments made on January 15, February 22, February 26, and
February 13, 1973, from Salt Lake City, Utah, to Caldwell, Idaho;
North Kansas City, Missouri; Denver, Colorado; and Grand Junction,
Colorado. The pesticides involved were WONDER GRO WEED-A-
WAY LAWN WEED SPRAY, MORGRO SYSTEMIC IN-
SECTICIDE, SKAGGS CRABGRASS AND SPURGE KILLER, and
MORGRO SEVIN VEGETABLE AND TOMATO 5% DUST;
charges included misbranding and adulteration—strength or purity
fell below the professed standard of quality under which it was sold
and labels failed to bear the registration number assigned.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
1392. EPA v. Northrup, King and Company, EPA Region VIII,
June 17, 1974. (I.F.&R. No. VIII-003C, I.D. No. 101878.)
This was a civil action in which the respondent was charged with vio-
lating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136j(a)(l)(E) and 136(q)(l)(A). The action pertained to a
shipment made on March 8, 1973, from Billings, Montana, to River-
ton, Wyoming. The pesticide invloved was GOLF BRAND TRIPLE
TONIC; charges included misbranding and adulteration—strength or
purity fell below the professed standard of quality under which it was
sold.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
878
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1393. EPA v. Desna Corporation, EPA Region IX, May 29, 1974.
(I.F.&R. No. IX-48C, I.D. Nos. 95761, 95762, 95763, 95764,
and 104687.)
This was a civil action in which the respondent was charged with vio-
lating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 135a(a)(l); 135b; 136j(a)(l)(E); 136(q)(l)(G); 136(q)(2)(A); and
136(q)(2)(C). The action pertained to a shipment made on September
11, 1973, from Los Angeles, California, to Decatur, Georgia. The
pesticides involved were MAHARINI INDIA INCENSE-16 LOGS
GARDENIA, MATAHARI INDIA INCENSE LEMON LIME-16
CAKES, MAHARINI INDIA INCENSE-30 STICKS, MATAHARI
INDIA INCENSE-20 CONES, and MATARINI INDIA INCENSE-20
CONES; charges included nonregistration and misbranding—lack of
adequate caution or warning statement, lack of adequate ingredient
statement, and lack of statement of net weight or measure of content
on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1394. EPA v. Electrofilm, Inc., EPA Region IX, May 29, 1974.
(I.F.&R. No. IX-53C, I.D. No. 115207.)
This was a civil action in which the respondent was charged with vio-
lating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136j(a)(l)(A). The action pertained to a shipment made on
January 3, 1974, from North Hollywood, California, to Madison,
Wisconsin. The pesticide involved was AQUA QUEEN WATERBED
ALGAECIDE AND FRESHNER; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00
1395. EPA v. Frank H. Sounders, EPA Region IX, May 29, 1974.
(I.F.&R. No. IX-51C, I.D. Nos. 105981, 105982, 105983,
105984, and 105986.)
879
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136j(a)(l)(A); 136(q)(l)(G); 136(q)(2)(D); 136(q)(2)(C)(v);
and 135a(a)(l). The action pertained to products held for distribution
or sale on February 12, 1974, at Stockton Veterinary Supply,
Stockton, California. Jhe pesticides involved were EAR & TICK
REMEDY FOR HORSES, PINE-CREO, MK (PINTS), EAR & TICK
REMEDY FOR CATTLE, and MK (ONE GALLON); charges
included claims, directions for use, and composition differed in
substance from the representations made in connection with its re-
gistration and misbranding—lack of adequate warning or caution
statement and lack of assigned registration number on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1396. EPA v. USA Chem, Inc., EPA Region IX, May 30, 1974.
(I.F.&R. Nos. IX-29C and 31C, I.D. Nos. 104040 and
.104041.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(A); 136j(a)(l)(E); 136(q)(l)(G); and
136(q)(2)(A). The action pertained to shipments made on June 18 and
July 18, 1973, from Sunnyvale, California, to Sitka and Juneau,
Alaska. The pesticides involved were CERTI-CHLOR CON-
CENTRATE and SOLVEX CONCENTRATE; charges included
nonregistration and misbranding—lack of adequate ingredient
statement and lack of adequate warning or caution statement on
labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $10,000.00.
1397. U.S. V. Dexol Industries, U.S. District Court, Central
District of California, Criminal Np. 11730, March 22, 1973.
880
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(I.F.&R. No. 1330, I.D. Nos. 69726, 80732, 86324, 85599,
and 85600.)
This was a criminal action charging the defendant in a 14 count in-
formation with violating the Federal Insecticide, Fungicide, and Ro-
denticide Act, 7 U.S.C 135a(a)(5); 135(z)(l); 135f; 135(y);
135(z)(2)(d); 135a(a)(l); and 135(z)(2)(c). The action pertained to
shipments made on October 29, 1969; January 2, 1970; December
28, 1970; and February 18, 1971, from Torrance, California, to
Texarkana, Arkansas; Dallas, Texas; and San Antonio, Texas. The
pesticides involved were DESTRUXOL ROSE DUSTER, DEXOL
GOPHER GASSER, DEXOL TOMATO LIFE, DESTRUXOL
WEEDER D, and DEXOL SLUG-EM PELLETS; charges included
claims made for product differed in substance from those made in
connection with its registration, misbranding and adulteration—
strength or purity of product below that represented in labeling, lack
of adequate directions for use and lack of adequate precautionary
statements on labels.
The defendant entered a plea of nolo contendere to counts 1, 3, 5,
8, 12, and 13. The remaining counts were dismissed.
A fine of $3000.00 was levied. The firm was placed on one year
probation with $1500.00 of the fine being suspended.
1398. U.S. v. Flo-Kern Products, Inc., U.S. District Court, Central
District of California, Criminal No. 11733, March 22, 1973.
(I.F.&R. No. 1331, I.D. Nos. 67078, 67079, 72100, and
74524.)
This was a criminal action charging the defendant in a six count in-
formation with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(l); 135b; 135f; and 135a(aj(5).
The action pertained to shipments made on October 30, 1970;
January 7, 1971; and February 25, 1971, from Compton, California,
to Portland, Oregon, and Albuquerque, New Mexico. The pesticides
involved were FLO-KEM PINE OIL #70 DISINFECTANT and FLO-
881
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KEM MINT DISINFECTANT; charges included nonregistration and
misbranding.
The defendant entered a plea of nolo contendere to counts 1, 3, 5
and 6. The remaining counts were dismissed.
A fine of $2500.00 was levied.
1399. EPA v. Foremost-McKesson, Inc. (McKesson Chemical
Co.), EPA Region X, June 20, 1974. (I.F.&R. No. X-8C, I.D.
No. 93063.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l) and 135b. The action pertained to a shipment made on
July 16, 1973, from Portland, Oregon, to Lynnwood, Washington.
The pesticide involved was CROWN CONCENTRATED LIQUID
CHLORINE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00.
1400. U.S. v. Griffin Brothers, Inc., U.S. District Court, District
of Oregon, Criminal No. CR 73-1, March 26, 1973. (I.F.&R.
No. X-3, I.D. No. 100969.)
This was a criminal action prepared by EPA Region X charging the
defendant in a three count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135(a);
135(z)(l); and 135a(a)(l). The action pertained to shipments made
on July 24, 1970; August 24, 1970; and September 2, 1971, from
Portland, Oregon, to Yakima, Washington, and Crescent City,
California. The pesticide involved was HYPINC--8 DISINFECTANT
AND DEODORANT; charges included claims and directions for use
on labels differed in substance from the representations made in
connection with its registration and misbranding—when used as
directed in labeling the product was ineffective.
882
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All charges in the case were dismissed upon motion of the U.S.
Attorney. . - • • : " '
883
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Index to Notices of Judgment 1351 - 1400
NJ. No.
Anchor Laboratories, Inc. (Civil) 1384
Aquanul - 819 (Seizure) 1373
B.L Marder Co. (Criminal) 1358
Burr Engineering & Development Company
(Criminal) 1365
C-Z Chemical (Criminal) 1361
Cantol, Inc., Tech. Div. (Civil) 1353
Chaska Chemical Company, Inc. (Criminal) 1367
Ciba-Geigy Corporation (Civil) 1381
Conway Soap Products Company, Inc.
(Criminal) 1362
Crain Chemical Co. (Criminal) 1376
Desna Corporation (Civil) 1393
Dexol Industries (Criminal) 1397
Electrofilm, Inc. (Civil) 1394
Exxon Chemical Co., U.S.A. (Civil) 1374
Faroy, Inc. (Criminal) 1377
Federal Chemical Company (Civil) 1355
Flo-Kern Products, Inc. (Criminal) 1398
Foremost-McKesson, Inc. (McKesson Chemical
Co.) (Civil) 1399
Frank H. Sounders (Civil) 1395
Good-Life Chemicals, Inc. (Criminal) 1370
Great Lakes Chemical Corp. (Civil) 1375
Griffin Brothers, Inc. (Criminal) 1400
Hanlon Chemical Company (Civil) 1382
Humane Coyote Getter Chemical Cartridges
(Seizure) 1378
Humane Coyote Getter Chemical Cartridges
(Seizure) 1379
Huntington Laboratories, Inc. (Criminal) 1367
Lan-O-Sheen, Inc. (Criminal) 1371
MacDonald Laboratories, Inc. (Criminal) 1356
Mackwin Company, The (Criminal) 1368
Med Ram, Inc. (Criminal) 1366
Murd Co. (Civil) 1351
National Laboratories Division (Civil) 1385
884
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National Milling & Chemical Co., Inc. (Civil) 1352
Navy Brand Manufacturing Company (Civil) 1383
Nelson Chemicals Company (Criminal) 1360
Northrup, King and Company (Civil) 1392
Parsons Chemical Works, Inc. (Criminal) 1369
Patterson Chemical Company (Civil) 1380
Pennwalt Corporation (Criminal) 1359
Research Products Company (Civil) 1386
Rid-A-Bird (Criminal) 1388
Southern Chemical Products Co., Inc.
(Criminal) 1354
Southern National Mfg. Co. (Criminal) 1389
U.S. Medical Specialty Company, Inc.
(Criminal) 1364
USA Chem, Inc. (Civil) 1396
United Laboratories, Inc. (Criminal) 1357
Warsaw Chemical Co. (Criminal) 1372
Wasatch Chemical Company (Civil) 1390
Wasatch Chemical Company (Civil) 1391
Weevil-Cide Company, The (Civil) 1387
885
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