N.J., I.F.R. 1301-1350
Issued October 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. 1301-1350
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
responsible for violations. The following Notices of Judgment are
approved for publication as provided in Section 16(d) of the Federal
Insecticide, 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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1301. EPA v. Central Chemical Corp., EPA Region III, March
20, 1974. (I.F.&R. Nos. 111-7 and 23, I.D. Nos. 69320 and
104404.)
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}(1)(G); and 135a(a)(l). The
action pertained to shipments made on April 30 and May 4, 1973,
from Hagerstown, Maryland, to Butler and Mercersburg,
Pennsylvania. The pesticides involved were FARMRITE DRY
POWDERED ARSENATE/LEAD and URAB GRANULAR BRUSH
& WEED KILLER; charges included nonregistration, claims made for
product differed in substance from the representations made in
connection with its registration, and misbranding—lack of adequate
warning or caution statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,150.00.
1302. EPA v. Monsey Products Co., EPA Region III, May 20,
1974. (I.F.&R. No. 111-32, I.D. No. 104252.)
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)(2}(A). The action
pertained to a shipment made on May 29, 1973, from Kimberton,
Pennsylvania, to Hagerstown, Maryland. The pesticide involved was
MONSEY L-ll CREOSOTE WOOD PRESERVING COMPOUND;
charges included nonregistration and misbranding—lack of
adequate ingredient statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,200.00.
1303. Plantabbs Corp, EPA Region III, June 3,1974. (I.F.&R. No.
III-46C, I.D. No. 104283.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136j(a)(l)(E); 136(q)(l)(A); and 136(c)(l). The action pertained
830
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to a product held for distribution or sale on October 4, 1973, at
Plantabbs Corp., Timmonium, Maryland. The pesticide involved was
PLANTABBS HOUSE PLANT INSECTICIDE; charges included
misbranding and adulteration—strength or purity fell below the
professed standard of quality represented in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1304. EPA v. Crest Chemical Company, EPA Region IV,
February 15,1974. (I.F.&R. No. IV-3C, I.D. No$. 88289 and
88293.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135(a)(l); 135b; and 135a(a)(l). The action pertained to shipments
made on December 13, 1972, and February 14, 1973, from Olds-
mar, Florida, to Hickory, North Carolina. The pesticides involved were
CEDAR SCENTED MOTH KILLER and KILLS MILDEW; charges
included nonregistration and composition differed from that re-
presented in connection with its registration.
The respondent neither admitted nor denied the facts and charges
alleged in the Civil Complaint, but consented to pay a civil penalty
of $1,600.00.
1305. EPA v. White Laboratories, EPA Region IV, May 9,1974.
(I.F.&R. No. IV-15C, I.D. Nos. 88240 and 88122.)
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); and 136(q)(2)(Q(V). The
action pertained to shipments made on November 9 and December
8, 1972, from Orlando, Florida, to Charlotte, North Carolina, and
Knoxville, Tennessee. The pesticide involved was XI4 INSTANT
MILDEW REMOVER; charges included nonregistration and mis-
branding—lack of adequate warning or caution statement on labels.
A civil penalty of $1700.00 was assessed by Default Order.
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1306. EPA v. Ket-San Products Co., EPA Region IV, June 2,
1974. (I.F.&R. No. IV-71C, I.D. No. 95674.)
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) and 136(q)(l)(G). The action pertained to a product held
for distribution or sale on November 29, 1973, at Kel-San Products,
Inc., Knoxville, Tennessee. The pesticide involved was BIG K PINE
DISINFECTANT; the charge was misbranding—lack of adequate
warning or caution statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1307. U.S. v. William Breton and Gro Chemical Company, U.S.
District Court, Southern District of Florida, Criminal No.
74-201-CR-PF, May 15, 1974. (I.F.&R. No. 1295,1.D. Nos.
86506, 86507, 86508, 86509, and 86510.)
This was a criminal action prepared by EPA charging the defendant
in a 15 count indictment with violating the Federal Insecticide,
Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l). The action
pertained to shipments made on June 2 and 26, and August 21,
1970, from Miami, Florida, to Houston, Texas. The pesticides
involved were CHINCH LAWN SPRAY, SUPER CHINCH LAWN
SPRAY WITH DDT BHC DIAZION, SUPER CHINCH LAWN
SPRAY WITH DDT BHC ETHION, SUPER CHINCH LAWN SPRAY
WITH DDT BHC TRITHION, and DO IT YOURSELF TERMITE
KILLER; the charge was nonregistration.
The defendant entered a plea of not guilty. The jury found the
defendants guilty on counts 3, 6,9,12, and 15. The remaining counts
were dismissed.
A fine of $5000.00 was levied. Mr. Breton, an officer of the firm,
and Gro Chemical Co. were each fined $2500.00 on the same counts.
1308. EPA v. Chemed Corporation, EPA Region V, October 15,
1973. (I.F.&R, No. V-007C, I.D. No. 102454.)
832
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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.
135a(a)(l); 135b; 136j(a)(l)(E); and 136(q)(l)(A). The action
pertained to shipments made on October 27 and November 8, 1972,
from Sharonville, Ohio, to Davenport, Iowa. The pesticide involved
was DUKLOR; 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 $2,500.00.
1309. EPA v. Erbrich Products Company, Inc., EPA Region V,
October 16, 1973. (I.F.&R. No. V-002C, I.D. No. 87122.)
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) and 136(q)(l)(G). The action pertained to a shipment
made on March 12, 1973, from Indianapolis, Indiana, to Champaign,
Illinois. The pesticide involved was JANCO; the charge was mis-
branding—lack of adequate warning or caution statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $550.00.
1310. EPA v. Knox Fertilizer and Chemical Company, EPA
Region V, October 31, 1973. (I.F.&R. No. V-006C, I.D. No.
93771.)
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(c)(l); and 136(q)(l)(A). The action pertained to a
shipment made on February 21, 1973, from Knox, Indiana, to
Lansing, Michigan. The pesticide involved was WONDER GRO
MAGIC GARDENER; charges included adulteration and
misbranding—strength or purity fell below the professed standard
of quality as expressed on its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $375.00.
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1311. EPA v. Frank J. Cur ran Co., Guarantor for F. W.
Woolworth Co., EPA Region V, November 1,1973. (I.F.&R.
No. V-0012C, I.D. No. 93721.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(1) and 135b. The action pertained to a shipment made on
October 24, 1972, from Chicago, Illinois, to Fairmont, Minnesota.
The pesticide involved was SCENTED MOTH CRYSTALS CURRAN
OLD FASHIONED ROSE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $425.00.
1312. EPA v. A. E. Staley Manufacturing Company, Inc., EPA
Region V, November 19, 1973. (I.F.&R. No. V-022C, I.D.
No. 87331.)
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 January 23, 1973, from Chicago,
Illinois, to Ft. Wayne, Indiana. The pesticide involved was SNO BOL
LIQUID DISINFECTING TOILET BOWL CLEANER; charges in-
cluded nonregistration and misbranding—labels bore a false or mis-
leading registration number implying that the product was registered.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $650.00.
1313. EPA v. Universal Cooperatives, Inc., EPA Region V,
November 27, 1973. (I.F.&R. No. V-010C, I.D. No. 93823.)
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); 135(a)(a}{l); and 135b. The action
pertained to a shipment made on April 23,1973, from Alliance, Ohio,
to Columbus, Wisconsin. The pesticide involved was UNICO
VAPONA DAIRY SPRAY; charges included nonregistration and
834
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misbranding—labels bore a false or misleading registration numbei
implying that the product was registered.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $750.00.
1314. EPA v. Universal Cooperatives, Inc., EPA Region V,
November 27, 1973. (I.F.&R. No. V-017C, I.D. No. 69334.)
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) and 136(q)(l)(G). The action pertained to a shipment
made on May 31, 1973, from Alliance, Ohio, to Baltimore, Maryland.
The pesticide involved was UNICO PREMIUM GRAIN FUMIGANT
NO. 2; the charge was misbranding—lack of adequate warning or
caution statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1315. Universal Cooperatives, Inc., EPA Region V, November
27, 1973. (I.F.&R. No. V-019C, I.D. No. 86934.)
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(qKl)(A); and 136(c)(l). The action pertained to a
shipment made in January, 1973, from Alliance, Ohio, to
Indianapolis, Indiana. The pesticide involved was UNICO GARDEN
DUST; charges included adulteration and misbranding—strength or
purity fell below the professed standard of quality represented in
labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1316. EPA v. Hyde Oil Company, EPA Region V, December 4,
1973. (I.F.&R. No. V-020C, I.D. No. 101943.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
835
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135a(a)(l); 135b; 136j(a)(l)(E); and 136(q)(l)(A). The action
pertained to a shipment made on April 4, 1973, from Pipestone,
Minnesota, to Mitchell, South Dakota. The pesticide involved was
GODRIN AND VAPONA INSECTICIDE READY-TO-USE
ANIMAL SPRAY SOLUTION; 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 $500.00.
1317. EPA v. Farmers Seed and Nursery Company, EPA Region
V, January 4, 1974. (I.F.&R. No. V-016C, I.D. Nos. 93756
and 93759.)
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)(G). The action
pertained to a shipment made on February 1, 1973, from Faribault,
Minnesota, to Chicago, Illinois. The pesticides involved were
ALASKA DEODORIZED FISH FERTILIZER and ROSS SYSTEMIC
INSECTICIDE CARTRIDGES; charges included nonregistration and
misbranding—lack of adequate warning or caution statement on
labels and claims made for product differed in substance from the
representations made in connection with its registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00.
1318. EPA v. Hooker Paint Manufacturing Company, Inc., EPA
Region V, January 4, 1974. (I.F.&R. No. V-027C, I.D. No.
87314.)
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; and 136j(a)(l)(E). The action pertained to a
shipment made on May 4, 1974, from Chicago, Illinois, to Brookfield,
Wisconsin. The pesticide involved was PATIO TORCH FUEL; charges
included nonregistration and misbranding—lack of adequate
warning statements and lack of an ingredient statement on labels.
836
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
1319. EPA v. Carmel Chemical Corporation, EPA Region Vr
January 10, 1974. (I.F.&R. No, V-009C, I.D. No. 92820.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(1J(E); 136[q)(l)(A}; and 136(c)(l). The action pertained to a
shipment made on Apiil 6, 1973, from Westfield, Indiana, to San
Jose, California. The pesticide involved was FORMULA GH-19;
charges included adulteration and misbronding—strength or purity
fell below the professed standard of qualtiy as expressed on its
labeling.
The Default Order assessed a civil penalty of $600.00.
1320. EPA v. Wetch Chemical, Inc., EPA Region V, January 18,
1974. (I.F.&R. No. V-021C, I.D. No. 92598.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(o)(2}[d); 136j(a)(l)(E); 136(q)(lKA); 136(q)(l)(G); and 136(c)(1).
The action pertained to a shipment made on November 21, 1972,
from Dilworth, Minnesota, to Devils Lake, North Dakota. The
pesticide involved was WETCH'S NEW DIPHACIN KILLS RATS &
MICE ANTICOAGULANT BAIT; charges included misbranding and
adulteration—strength or purity feH below the standard of quality
represented in labeling and labels failed to bear the registration
number assigned.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $50.00.
1321. EPA v. Boron Oil Company, Inc., EPA Region V, January
25, 1974. (I.F.&R. No. V-023C, I.D. No. 69110.)
837
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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.
135a(a)(1); 135b; 136j[a)(l)(E}; 136(q)(l)(G); 136(q)(2)(A); and 135(o).
The action pertained to a shipment made on February 26, 1973, from
Cleveland, Ohio, to Cheimsford, Massachusetts. The pesticide
involved was BORON GARDEN LITE; 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 $500.00.
1322. EPA v. Federal Chemical Co., Inc. EPA Region V,
February 25, 1974. (I.F.&R. No. V-025C, I.D. No. 88131.)
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)(A); and 136(c)(2). The action pertained to a
shipment made on February 16, 1973, from Columbus, Ohio, to
Nashville, Tennessee. The pesticide involved was FEDERAL NEW
IMPROVED LAWN MASTER WEED AND FEED WITH SILVEX;
charges included adulteration and misbranding—product contained
an additional active ingredient not named on the label and another
substance had been substituted wholly or in part for the named
ingredient.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $700.00.
1323. EPA v. Satellite Industries, Inc., EPA Region V, March 4,
1974. (I.F.&R. No. V-030C, I.D. No. 94870.)
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); and 136(q}(2)(A). The
action pertained to a shipment made on February 5, 1973, from
Minneapolis, Minnesota, to Atlanta, Georgia. The pesticide involved
was FRESH WAY CHEMICAL TOILET DEODORIZER; charges in-
cluded nonregistration and misbranding—lack of adequate warning
838
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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 $800.00.
1324. EPA v. Sears Roebuck & Co., EPA Region V, March 18,
1974. (I.F.&R. No. V-026C, I.D. No. 93699.)
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); and 136(q)(2)(A). The
action pertained to a shipment made on March 29, 1973, from Minn-
eapolis, Minnesota, to Tomah, Wisconsin. The pesticide involved was
AQUA BOWL CLEANER; 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 $3000.00.
1325. EPA v. E. H. Leitte Company, Inc., EPA Region V, April
3, 1974. (I.F.&R. Nos. V-035C and V-041C, I.D. Nos. 93976
and 93978.)
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); 135a(a)(l); 136(q)(l)(G); and 136(q)(l){A). The action
pertained to products held for distribution or safe on August 21,
1973, at E. H. Leitte Company, Inc., Lake Elmo, Minnesota. The
pesticides involved were LEITTE PYRENONE AEROSOL FOG and
LEITTE PYRENONE MILL AND ELEVATOR SPRAY; charges
included claims made for the product differed in substance from the
representations made in connection with its registration and mis-
branding—lack of adequate warning or caution statement and
labeling bore a statement as to the safety of the product that was
false or misleading.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
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1326. EPA v. Agro-Chem, Inc., EPA Region V, April 26, 1974.
(I.F.&R. No. V-028C, I.D. No. 101888.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(1). The action pertained to a shipment made on March 21,
1973, from Chicago, Illinois, to Denver, Colorado. The pesticide
involved was AMESCO GROW-CONTROL 18-4-8 WITH
CRABGRASS PREVENTER; charges included the claims made for
the product and the directions for its use differed in substance from
the representations made in connection with its registration.
A civil penalty of $550.00 was assessed by Default Order.
1327. EPA v. Stem Distributing Company, EPA Region V, May
10, 1974. (I.F.&R. No. V-057C, I.D. No. 102201.)
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 in
May 1973, from Maple Heights, Ohio, to Shawnee Mission, Kansas.
The pesticide involved was BUG-OFF; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $750.00.
1328. EPA v. The Andersons, EPA Region V, May 20, 1974.
(I.F.&R. No. V-039C, I.D. No. 102167.)
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; 136(q)(l)(A); and 136j(a)(l)(E). The action
pertained to a shipment made on February 28; 1973, from Maumee,
Ohio, to Kansas City, Missouri. The pesticide involved was GREEN
TURF FERTILIZER PLUS WEED CONTROL; charges included
nonregistration and misbranding—labels bore a false or misleading
registration number implying that product was registered.
840
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $900.00.
1329. EPA v. The Dolphin Paint & Chemical Co., EPA Region
V, May 20, 1974. (I.F.&R. No. V-054C, I.D. Nos. 94101,
94106, 94107, 94108, and 94112.)
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) and 136(q}(l)(G}. The action pertained to products held
for distribution or sale on September 11, 1973, at The Dolphin Paint
& Chemical Co., Toledo, Ohio. The pesticides involved were
DOLFINITE 9142 COPPER BRONZE BOTTOM PAINT, DOLFINITE
COLORPAC 9308 BLACK, DOLFINITE COLORPAC 9306 LIGHT
GREEN, DOLFINITE COLOR-PAC 9304 DARK GREEN, and
DOLFINITE COLORPAC 9301 TURQUOISE; the charge was
misbranding—lack of adequate warning or caution statements on
labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1500.00.
1330. EPA v. Misco International Chemicals, Inc., EPA Region
V, May 20, 1974. (I.F.&R. No. V-038C, I.D. No. 102283.)
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)(G). The action
pertained to a shipment made on September 7, 1973, from
Wheeling, Illinois, to Wichita, Kansas. The pesticide involved was
ELIMINATE; 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.
1331. EPA v. The American Lubricants Company, EPA Region
V, May 31, 1974. (I.F.&R. No. V-060-C, I.D. No. 115468.)
841
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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) and 136(q)(2}(Q(iii). The action pertained to a product
held for distribution or sale on March 8, 1974, at The American
Lubricants Company, Dayton, Ohio. The pesticide involved was
TIFFANY WATER-REPELLENT NO-MO-ROT WOOD
PRESERVER; the charge was misbranding—labels failed to bear the
required statement of net weight or measure of content.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1332. EPA v. Koos, Inc, EPA Region V, May 31, 1974. (I.F.&R.
No. V-042-C, I.D. Nos. 93684 and 93685.)
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
shipments made on February 13 and 14, 1973, from Kenosha,
Wisconsin, to St. Louis Park, Minnesota. The pesticides involved were
C TO C WEED AND FEED 22.3.6 and C TO C LAWN FERTILIZER
WITH CRABGRASS CONTROL; the charge was misbranding—
labels of both products bore false registration numbers.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1333. EPA v. Chase Products Company, EPA Region V, June
4, 1974. (I.F.&R. No. V-032-C, I.D. No. 93719.)
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 April 18, 1973, from Broadview,
Illinois, to Minneapolis, Minnesota. The pesticide involved was
SUPPRESS WITH SPEARMINT AND DOUBLEMINT; charges
included nonregistration and misbranding—label bore false
registration number implying that product was registered.
842
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $750.00.
1334. U.S. v. Tropicals Research, U.S. District Court, Western
District of Wisconsin, Criminal No. 73-CR-l, February 6,
1973. (I.F.&R. No. V-8, I.D. Nos. 97745, 75915, 75916,
101212, and 83471.)
This was a criminal action prepared by EPA Region V charging the
defendant in a 14 count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a](l);
135a(a)(5); 135(z)(2)(d); 135(z)(2)(e); 135b(a); and 135f. The action
pertained to shipments made on October 24, 1969; February 25 and
May 5, 1970; and January 18 and September 23, 1971, from
Onalaska, Wisconsin, to Decatur, Illinois; Denver, Colorado; and
Oakland, California. The pesticides invloved were STERILE DIP,
BACTICIDE TROPICAL FISH REMEDY, and BACTICIDE JR.;
charges included nonregistration and misbranding—lack of
adequate warning or caution statement and lack of adequate
ingredient statement on labels.
The defendant entered a plea of nolo contendere to counts 1, 6, 10,
and 12. The remaining counts were dismissed.
A fine of $400.00 was levied.
1335. U.S. v. U.S. Continental Labs, Inc., U.S. District Court,
Southern District of Texas, Criminal No. 73-H-284, July 19,
1973. (I.F.&R. No. VI-19, I.D. Nos. 96131, 100591 and
87825.)
This was a criminal action prepared by EPA Region VI charging the
defendant in a 9 count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l};
135b(a}; 135(z)(2)(k); 135U)(2)(i); and 40 C.F.R. 162.6(c)(2), 162.7a,
162.7d, and 162.9. The action pertained to shipments made on
December 10, 1971; and May 30, June 7, and June 13, 1972, from
Houston, Texas, to Metairie, Louisiana; Nashville, Tennessee; and
Dedham, Massachusetts. The pesticides involved were MINUTE
MILDEW REMOVER and MILDEW REMOVER; charges included
843
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nonregistration and misbranding—lack of adequate warning or
caution statement and lack of adequate ingredient statement on
labels.
The defendant entered a plea of guilty on three counts of
nonregistration. The remaining counts were dismissed.
A fine of $2,300.00 was levied. The firm was placed on one year
probation with $2,000.00 of the fine being suspended.
1336. EPA v. Thompson-Hay ward Chemical Company, EPA
Region VII, April 11, 1974. (I.F.&R. No. VI1-31C, I.D. No.
90133.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136j;
1361 (a); and 135a(a)(l). The action pertained to a shipment made
on January 26, 1973, from Kansas City, Kansas, to Kansas City,
Missouri. The pesticide involved was DE PESTER CHLORDANE E-
4; the charge was claims made for the product differed in substance
from the representations made in connection with its registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1000.00.
1337. EPA v. San Det Corporation, EPA Region VII, May 21,
1974. (I.F.&R. No. VII-34C, I.D. No. 115210.)
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
August 9, 1973, from Sumner, Iowa, to South St. Paul, Minnesota.
The pesticide involved was SAN DET BOWL CLEANER; the charge
was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
844
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1338. EPA v. Dr. Mayfield Laboratories, EPA Region VII, June
4, 1974. (I.F.&R. No. VII-28C, I.D. Nos. 94484 and 102593.)
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; 136(j)(a)(l)(E); and 135(q)(l)(A). The action
pertained to a shipment made on March 20, 1973, from Charles City,
Iowa, to Blooming Prairie, Minnesota, and to a product held for
distribution or sale on November 7, 1973, at Dr. Mayfield
Laboratories in Charles City, Iowa. The pesticides involved were DR.
MAYFIELD WATER SOLUBLE WARFARIN and DR. MAYFIELD
WARFARIN CONCENTRATE; charges included nonregistration,
directions for use on the labels differed in substance from
representations made in connection with its registration, and
misbranding—labels bore incorrect registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1339. U.S. v. Atlas Chemical Corporation, U.S. District Court,
District of Iowa, Criminal No. 74-1, March 19, 1974.
(I.F.&R. No. VII-2P, I.D. Nos. 76782, 89474, 98748, 99251,
and 99617.)
This was a criminal action prepared by EPA Region VII charging the
defendant in a seventeen count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b(a); 135a(a)(5); 135(z)(l); 135(z)(2)(b); 135(z}(2)(C); 40 CFR
162.14(a)(5}; and 40 CFR 162.10(h). The action pertained to
shipments made on July 18, 1969; February 8, March 31 and May
7, 1971; and May 5, 1972, from Cedar Rapids, Iowa, to Cincinnati,
Ohio; Hammond, Indiana; Rochester, Minnesota,- and Topeka,
Kansas. The pesticide involved was THE GIANT DESTROYER;
charges included nonregistration, claims made in labeling differed
in substance from those represented in connection with its
registration, and misbranding—lack of adequate directions for use
on labels and labels bore false or misleading statements.
The defendant entered a plea of guilty to counts 3 and 11. The
remaining counts were dismissed.
845
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A fine of $200.00 was levied.
1340. U.S. v. Thompson-Hay ward Chemical Company, U.S.
District Court, District of Kansas, Criminal No. T-CR-1956,
March 29, 1974. (I.F.&R. No. VII-5P, I.D. Nos. 70206,
85952, 90134, 92363, 99026, 99073, and 99076.)
This was a criminal action prepared by EPA Region VII charging the
defendant in a sixteen count indictment with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(1);
135{z)(2)(d); 135b(a); 135a(a)(5); 135(z)(l); 135{y); 135(z)(2)(b);
135(z)(2)(e}; 135(z)(2)(c); 136j(a)(l)(C); 136j(a)(1)(B); 136(q)(l)(G); and
136j(a)(l)(E). The action pertained to shipments made on February
10, 1969; October 15, 1970; July 20, 1971; May 30 and Novem-
ber 9, 1972; and January 26, 1973, from Kansas City, Kansas, to
New Orleans, Louisiana; Kansas City, Missouri; Edina, Missouri;
Raytown, Missouri; and Kansas City, Missouri. The pesticides
involved were DE-PESTER DED WEED FOR LAWNS, DE-PESTER
GARDEN DUST, DE-PESTER CHLORDANE E-4, DE-PESTER
TOMATO DUST, TH DED-WEED LV-33 BRUSH KILL, DE-PESTER
CHLORDANE E-8, and DE-PESTER FRUIT TREE SPRAY; charges
included nonregistration, labeling differed in substance from that re-
presented in connection with its registration, adulteration and
misbranding—contaminated with an additional active ingredient not
declared in labeling, lack of adequate warning or caution statement
and lack of adequate directions for use on labels.
The defendant entered a plea of nolo contendere to counts II, IV,
an XII. The remaining counts were dismissed.
A fine of $2,500.00 was levied.
1341. EPA v. The Dune Company, EPA Region IX, April 9,1974.
(I.F.&R. No. IX-40C, I.D. No. 92774.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(A); 135a(a)(l); and 135b. The action pertained to a
shipment made on October 15, 1973, from Calipatria, California,
846
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to Somerton, Arizona. The pesticide involved was PROKILL
LANNATE B.T. 2-2 DUST; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $5000.00.
1342. EPA v. Empire Chemical Company, EPA Region IX, April
29, 1974. (I.F.&R. No. IX-46C, I.D. No. 92913.)
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 25, 1974, at Em-
pire Chemical Co., Los Angles, California. The pesticide involved was
SC-10; charges included composition differed from that represent-
ed in connection with its registration and misbranding—label bore
false or misleading statements.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $750.00.
1343. EPA v. M. R. McClelland Sons, Inc., EPA Region X, July
2, 1973. (I.F.&R. No. X-8, I.D. No. 75184.)
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)(2)(A); 135(o);
and 136(q)(2)(C)(iii). The action pertained to a shipment made on
November 8, 1972, from Tacoma, Washington, to Mtssoula,
Montana. The pesticide involved was FORMULA **B"; charges in-
cluded nonregistration and misbranding—lack of adequate warning
or caution statement, lack of adequate ingredient statement and lack
of net weight or measure of content statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $100.00.
847
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1344. EPA v. Nuiife Fertilizers Division, Hygrade Food Prod-
ucts Corporation, EPA Region X, July 2, 1973. (I.F.&R. No.
X-9r l.D. No. 103839.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a}(1) and 135b. The action pertained to a shipment made on
March 15, 1973, from Tacoma, Washington, to Portland, Oregon.
The pesticide involved was NULIFE IRON SULPHATE; the charge
was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed o civil penalty of $500.00.
1345. EPA v. Pacemaker Corporation, EPA Region X, July 2,
1973. (I.F.&R. No. X-10, l.D. Nos. 88234 and 88326.)
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); and 136{q)(2)(A). The
action pertained to shipments made on July 26 and November 8,
1972, from Portland, Oregon, to Charlotte, North Carolina, and
Atlanta, Georgia. The pesticide involved was PACEMAKER
CONCENTRATED INSTRUMENT DISINFECTANT; charges
included nonregistration and misbranding—lack of adequate
warning or caution statement and lack of adequate ingredient state-
ment on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1346. EPA v. Wine-Art Oregon, Inc., EPA Region X, March 4,
1974. (I.F.&R. No. X-5C, l.D. No. 101990.)
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)(1)(G); and 136(q)(l)(F). The
action pertained to a shipment made on June 21, 1973, from
Portland, Oregon to Denver, Colorado. The pesticide involved was
WINE-ART CHLORINE STERILIZER; charges included
848
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nonregistration and misbranding—lack of adequate warning or
caution statement and lack of adequate directions for use on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $50.00.
1347. EPA v. Pace National Corporation, EPA Region X, April
3, 1974. (I.F.&R. No. X-4C, I.D. No. 93026.)
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); and 136(q)(l)(F). The
action pertained to a shipment made on April 16, 1973, from Seattle,
Washington, to Fort Richardson, Alaska. The pesticide involved was
MAGNOLIA WEED AND FEED; charges included nonregistration
and misbranding—lack of adequate warning or caution statement
and lack of adequate directions for use on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,000.00.
1348. EPA v. Alaska Fish Fertilizer Company, Inc., EPA Region
X, May 10, 1974. (l.F.&R. No. X-6C, I.D. No. 103941.)
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)(2)(A);and 135(o).
The action pertained to a shipment made on July 18, 1973, from Ren-
ton, Washington, to Portland, Oregon. The pesticide involved was
ALASKA DEODORIZED FISH FERTILIZER; 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 $800.00.
1349. EPA v. Olympic Stain Company, EPA Region X, May 29,
1974. (I.F.&R. No. X-7C, I.D. No. 93071.)
849
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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)(A); and 136(c)(l). The action pertained to a
product held for distribution or sale on September 27, 1973, at
Comerco, Inc., dba Olympic Stain Company, Seattle, Washington.
The pesticide involved was OLYMPIC POLAR WHITE; charges in-
cluded misbranding and adulteration—strength or purity of product
fell below that represented on its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $800.00.
1350. EPA v. Webfoot Fertilizer Co., Inc., EPA Region X, June
3, 1974. (I.F.&R. No. X-9C, I.D. No. 103940.)
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 136(c)(l). The action pertained to a
product held for distribution or sale on November 29, 1973, at
Webfoot Fertilizer Co., Inc., Portland, Oregon. The pesticide involved
was WEBFOOT MOSS KILLER AND LAWN FOOD; charges in-
cluded misbranding and adulteration—strength or purity of product
fell below that represented on its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $800.00.
850
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Index to Notices of Judgment 1301 - 1350
N.J. No.
A. E. Stoley Mfg. Co., Inc. (Civil) 1312
Agro-Chem, Inc. (Civil) 1326
Alaska Fish Fertilizer Company, Inc. [Civil) 1348
American Lubricants Company, The (Civil) 1331
Andersons, The (Civil) 1328
Atlas Chemical Corporation (Criminal) 1339
Boron Oil Company, Inc. (Civil) 1321
Carmel Chemical Corporation (Civil) 1319
Central Chemical Corp. (Civil) 1301
Chase Products Company (Civil) 1333
Chemed Corporation (Civil) 1308
Crest Chemical Company (Civil) 1304
Dolphin Paint & Chemical Co., The (Civil) 1329
Dr. Mayfield Laboratories (Civil) 1338
Dune Company, The (Civil) 1341
E. H. Leitte Company, Inc. (Civil) 1325
Empire Chemical Company (Civil) 1342
Erbrich Products Company, Inc. (Civil) 1309
Farmers Seed and Nursery Company (Civil) 1317
Federal Chemical Co., Inc. (Civil) 1322
Frank J. Curran Co., Guarantor For
F. W. Woolworth Co. (Civil) 1311
Hooker Point Manufacturing Company, inc.
(Civil} 1318
Hyde Oil Company (Civil) 1316
Kel-San Products Co. (Civil) 1306
Knox Fertilizer and Chemica! Company (Civil) 1310
Koos, Inc. (Civil) 1332
M. R. McClelland Sons, Inc. (Civil) 1343
Misco International Chemicals, Inc. (Civil) 1330
Monsey Products Co. (Civi!) 1302
Nulife Fertilizers Division, Hygrade
Food Products Corporation (Civil) 1344
Olympic Stain Company (Civil) 1349
Pace National Corporation (Civil) 1347
Pacemaker Corporation (Civil) 1345
Plantabbs Corp. (Civil) 1303
San Det Corporation (Civil) 1337
Satellite Industries, Inc. (Civil) 1323
Sears Roebuck & Co. (Civil) 1324
Stem Distributing Company (Civil) 1327
851
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Thompson-Hayward Chemical Company (Civil) 1336
Thompson-Hayward Chemical Company (Criminal) 1340
Tropicals Research (Criminal) 1334
U.S. Continental Labs, Inc. (Criminal) 1335
Universal Cooperatives, Inc. (Civil) 1313
Universal Cooperatives, Inc. (Civil) 1314
Universal Cooperatives, Inc. (Civil) 1315
Webfoot Fertilizer Co., Inc. (Civil) 1350
Wetch Chemical, Inc. (Civil) 1320
White Laboratories (Civil) 1305
William Breton and Gro Chemical Company
(Criminal) 1307
Wine-Art Oregon, Inc. (Civil) 1346
852
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