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 . 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. ------- 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)(1)(E); 136(q)(l)(A) and 135a(a)(l). The action pertained to a product held for distribuHon 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 (q)(l)(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 III, July 5, 1974. (I.F.&R. No. III-41C, I.D. No. 104432.) 858 ------- 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)(1)(F); and 136(q)(D(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. 1386,1.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(aH2Kc); 135o{a}(2Hd); 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 Januo 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 ------- 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. a7382, 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 ------- 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)(1); 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. 861 ------- 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. 1360. 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 ------- The defendant entered a plea of guilty to Count III. The remaining 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 ------- 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 1, 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)(l) and 864 ------- 135b. The action pertained to shipments mflde on June 12 and August 7, 1972, from Richfield, Minnesota, to Omaha, Nebraska, and Fort Dodge, Iowa. The pesticide involved was 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)(l); 865 ------- 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 ------- secticide, Fungicide, and Rodenticide Act, 7 U.S.C 135a(a)[l); 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. District Court, Western District of Michigan, Criminal 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 ------- 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 ------- SCUM REMOVER; charges included nonregistration 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 lnsecticide/ 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 ------- 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, J.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, f.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); 136lq)(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. 870 ------- 1376. U.S. v. Grain Chemical Co., U.S. District Court, IM. District of Texas, Criminal No. 3-3234, September '10, 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 RodenticideAct,7U.S.C 135a(a)(2)(Q; 135a{a)(5); 135f; 135(y);and 135(z)(1). 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(r)(2)(i); and 135(o). The action pertained to a shipment made on July 9, 1971, from Houston, Texas, to Lake 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. 871 ------- 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. Vl-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)(l) 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 ------- This was a civil action charging the respondent with violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136j(a)(1)(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. Clba-Geigy Corporation, EPA Region Vtl, 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(a)(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. Not. 69336,102279 and 102280.) 873 ------- 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)(1)(E); and 136q(l)(G). The action pertained to shipments made on April 19, July 1, 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)(l)(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. VII-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 ------- 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 ------- 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 ------- 1389. U.S. v. Southern National Mfg., Co., U.S. District Court, Western District of Missouri, Criminal No. 73CR76, March 11, 1974. (1.F.&R. No. VM-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 pertaii.ed 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 ------- 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)(1)(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)(1)(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 ------- 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 MAHARINl INDIA INCENSE-16 LOGS GARDENIA, MATAHARI INDIA INCENSE LEMON LIME-16 CAKES, MAHARINl 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 ------- 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 ------- (I.F.&R. No. 1330, I.D. Nos. 69726, 80732, 86324, 85599, and 85600.) This was a criminal action charging the defendant in a 1 4 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)ld); 135a(a)(l); and 135(z)(2)lc). 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; charge: 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(a)(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 ------- KEM MINT DISINFECTANT; charges included nonregistration and misbranding. The defendant entered a plea of noio 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 HYPING-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 ------- All charges in the case were dismissed upon motion of the U.S. Attorney. 883 ------- 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 ------- 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 ------- ------- |