N. J., I.F.R. 1,501-1550 Issued July 1975
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT
OFFICE OF GENERAL ENFORCEMENT
PESTICIDES ENFORCEMENT DIVISION
NOTICES OF JUDGMENT UNDER THE FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Nos. 1501-1550
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 approved
for publication as provided in Section 16(d) of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136n).
(obert L. Bourn
Acting Assistant Administrator
for Enforcement
Washington, D.C.
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1501. In Re: Old Fox Chemical, Inc., EPA Region 1, January 22,
1974. (I.F.&R. No. I-5C, I.D. Nos. 89060 and 89062.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136(j)(a)(l)(E); 136{q)(l)(A); 135(a)(a)(1); and 136{q}(1)(E}. The action
pertained to shipments made on March 19 and 21, 1973, from East
Providence, Rhode Island, to North Attleboro, and Rehobeth,
Massachusetts. The pesticides involved were MNA TURF-O-GANIC
WITH CHLORDANE and OLD FOX LAWN GRO & CRAB
CONTROL 10-6-4; charges included claims differed, adulteration
and misbranding—strength or purity fell below the professed
standard of quality as expressed on its labeling and lack of adequate
precautionary statements.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $200.00.
1502. In Re: Samual Cabot, Inc., EPA Region I, April 10, 1974.
(I.F.&R. No. I-7C, I.D. No. 102927.)
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
shipments made on April 26 and June 5, 1973, from Boston,
Massachusetts, to Waterbury, Connecticut. The pesticide involved
was CABOT'S CONSERVO # 3300 CREOSOTE WOOD
PRESERVATIVE; charges included nonregistration and mis-
branding—label bore false or misleading registration number im-
plying that product was registered.
After consideration of the facts involved, it was determined that the
firm did not violate the Act. The Final Order dismissed the charges.
1503. In Re: Fuller Brush Company, EPA Region I, August 23,
1974. (I.F.&R. No. I-13C, I.D. Nos. 102841 and 102842.)
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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)(D; 135b; 136j(a)(l)(E); 136(q)( 1 )(A); 136(q)(2)(A); and
136(q)(l)(G). The action pertained to products held for distribution or
sale on November 8, 1973, at Fuller Brush Company, East Hartford,
Connecticut, the pesticides involved were FULLER GERMICIDAL
CLEANER COMMERCIAL USE and FULLER COMMERCIAL USE
BOWL CLEANER; charges included nonregistration and
misbranding—lack of adequate precautionary and ingredient
statements on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,000.00.
1504. In Re: White Cross Chemicals, EPA Region I, August 27,
1974. (I.F.&R. Nos. I-6C and I-16C, I.D. Nos. 102808,
102812,102814,102815, and 102813.
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(c)(l}; 136(q)(l)(G); 136(q)(l)(F);
136(q)(2)(A); 136(q)(2)(C)(v);and 136(q)(2){C)(iii). The action pertained
to shipments made on June 8, July 16, August 22 and September 4,
1973, from North Providence, Rhode Island, to Central Falls, Rhode
Island; Bellingham, Massachusetts; South Attleboro, Massachusetts;
and Eastford, Connecticut, and to a product held for distribution or
sale on September 21, 1973, at White Cross Chemicals, North
Providence, Rhode Island. The pesticides involved were STERA-
KLEEN, H&H BRAND SANI-GLAS SANITIZER, VENUS KILL BAC
SANITIZER WITH DRYERS, IOKLEEN and KILLMOR
DISINFECTANT; charges included nonregistration, adulteration and
misbranding—lack of adequate directions for use, lack of adequate
precautionary statements, and strength or purity of product fell below
the professed standard of quality as expressed in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,100.00.
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1505. In Re: Sterling-Clark-Lurfon Corporation, EPA Region lr
November 18, 1974. (I.F.&R. No. I-17C, I.D. Nos. 119038,
119039 and 119040.)
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)(G); and 136(q)(l)(F). The action pertained to
products held for distribution or sale on June 4, 1974, at Sterling-
Clark-Lurton Corporation, Maiden, Massachusetts. The pesticides
involved were PENTA DIP CLEAN NON-STAINING WOOD
PRESERVATIVE, CREOSOTE WOOD PRESERVATIVE, and
PENTA DIP REDWOOD STAIN AND PRESERVATIVE; the charge
was misbranding—lack of adequate warning or caution statement
and lack of adequate directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,650.00.
1506. In Re: The Gillette Company, EPA Region I, November 22,
1974. (I.F.&R. No. I-18C, I.D. Nos. 117308 and 117309.)
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); 136q(l}(G); 136(q)(2)(A); and 135(o).
The action pertained to shipments made on January 11, and May 28,
1974, from Boston, Massachusetts, to Shivewaustown, Pennsylvania.
The pesticides involved were RIGHT GUARD FOOT GUARD FOOT
DEODORANT DRY SPRAY POWDER and RIGHT GUARD FOOT
GUARD FOOT DEODORANT CLEAR SPRAY; charges included
nonregistration and misbranding—lack of adequate warning or cau-
tion statement and lack of adequate ingredient statement on labels.
Charges made in the Complaint were withdrawn because Food and
Drug Administration has primary jurisdiction over these products
pursuant to the Memorandum of Agreement between FDA and EPA.
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1507. U.S. v. J. Hubbard Company, U.S. District Court, District
of New Hampshire, Criminal No. 72-64, December 21,
1972. (I.F.&R. No. l-CR-6, I.D. Nos. 96261, 96262, 96104,
95963,95964, and 95965.)
This was a criminal action prepared by EPA Region i charging the de-
fendant in a 19 count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l};
135b; 135a(a)(5); 135(z)(2)(d); and 135(z)(l). The action pertained to
shipments made on January 28, February 12 and 17, March 8 and
16, April 19 and 28, May 4 and 19, and June 28, 1971, and March 8,
1972, from Nashua, New Hampshire, to Boston, Massachusetts;
Maiden, Massachusetts; and Woonsocket, Rhode Island. The
pesticides involved were DR. HUBBARD'S VEGETABLE BRAND
GERMICIDE and RED CROSS NURSE SURFACE GERMICIDE
AND AIR DEODORIZER; charges included nonregistration, claims
differed and misbranding—lack of adequate warning or caution
statements on labels.
The defendant entered a plea of guilty to all 19 counts.
A fine of $8,000.00 was levied with $7,500 being suspended.
1508. U.S. v. World Art Group, Inc., U.S. District Court, District
of Connecticut, Criminal No. B-94f July 23, 1973. (I.F.&R.
No. l-CR-8, I.D. Nos. 100256,101398, and 95970.)
This was a criminal action prepared by EPA Region I charging the de-
fendant in a 12 count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b; 135f(a); 135a(a)(5); 135(z)(2)(d); 135f(b); 135(z)(2)(e); and
135(o). The action pertained to shipments made on March 31, April
11, and April 26, 1972, from East Norwalk, Connecticut, to
Greenwood, South Carolina, and Cambridge, Massachusetts. The
pesticides involved were BIOLOGICAL INSECT CONTROL BUG
BAIT and NEW BIOLOGICAL INSECT CONTROL BUG BAIT;
charges included nonregistration and misbranding—labels bore false
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statements, lack of adequate precautionary statements on labels and
lack of adequate ingredient statement on labels.
The defendant entered a plea of guilty to two counts. The remaining
counts were dismissed.
A fine of $200.00 was levied.
1509. U.S. v. Fourteen 125-pound drums, more or less, of a
product labeled in part "Robins Superchlor Cleanser
Bactericide Disinfectant." U.S. District Court, District of
New Hampshire, March 27,1973. (I.D. No. 95983.)
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); 135b; 135a(a)(5); and 135(z)(l). The action pertained to a
shipment made on June 8, 1972, by Baird & McGuire, Inc., from Hoi-
brook, Massachusetts. Charges included nonregistration and mis-
branding—labels bore a false or misleading registration number
implying that the product was registered.
The Default Decree of Condemnation ordered destruction of the
product.
1510. In Re: Safari Kennel Products, EPA Region II, April 11,
1974. (I.F.&R. No. II-18C, I.D. No. 88576.)
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
November 10, 1972, from Westwood, New Jersey, to Lithonia,
Georgia. The pesticide involved was SAFARA SILICONE CLIPPER
LUBE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
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1511. In Re: Camp Chemical Co., Inc., EPA Region II, August 7,
1974. (I.F.&R. No. H-43C, I.D. No. 105408.)
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
product held for distribution or sale on January 3, 1974, at Camp
Chemical Co., Inc., Brooklyn, New York. The pesticide involved was
WOOD-GOOD WOOD PRESERVATIVE; charges included
misbranding and adulteration—its 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 $800.00.
1512. In Re: Cincinnati Milacron, EPA Region II, September 21,
1974. (I.F.&R. No. 11-41C, I.D. No. 94849.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l). The action pertained to a shipment made on April 4,
1973, from New Brunswick, New Jersey, to Augusta, Georgia. The
pesticide involved was ADVANCE COPPER 8/0 NAPTHALENE;
me charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,700.00.
1513. In Re: Faesy & Besthoff, Inc., EPA Region II, September
24, 1974. (I.F.&R. No. II-23C, I.D. Nos. 87604 and 89038.)
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). The action pertained to a shipment made on March 2,
1973, from Edgewater, New Jersey, to Attleboro Massachusetts, and
to a product held for distribution or sale on September 26, 1973, at
Faesy & Besthoff, Inc., Edgewater, New Jersey. The pesticide
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involved was F&B ASPON CHLORDANE GRANULAR BROAD
SPECTUM LAWN INSECTICIDE; charges included adulteration and
misbranding—its 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 $2,000.00.
1514. In Re: Faesy & Besthoff, Inc., EPA Region II, September
24,1974. (I.F.&R. No. II-24C, I.D. No. 89041.)
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). The action pertained to a shipment made on March 2,
1973, from Edgewater, New Jersey, to Attleboro, Massachusetts.
The pesticide involved was F&B LAWN & TURF FUNGICIDE;
charges included adulteration and misbranding—its 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 $600.00.
1515. In Re: Rite-Off Corp., EPA Region II, October 17, 1974.
(I.F.&R. No. II-40C, I.D. Nos. 118204 and 118206.)
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)(A). The action pertained to products held
for distribution or sale on March 6, 1974, at Rite-Off Corp,
Plainview, New York. The pesticides involved were RITE-OFF TRIPLE
MIX INSECT REPELLANT and RITE-OFF AUTOMATIC
INSECTICIDE FOGGER; the charge was misbranding—labels bore a
false and misleading statement concerning net weight of product.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,500.00.
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1516. In Re: Misco Products Corp., EPA Region III, November
18,1974. (I.F.&R. No. III-52C, I.D. No. 104532.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136(c)(l); 136j(a)(l)(E); 135a(a)(5); and 135(z)(l). The action
pertained to a product held for distribution or sale on January 7,
1974, at Misco Products Corp., Reading, Pennsylvania. The pesticide
involved was QUAT GERMICIDAL CLEANER; charges included
adulteration and misbranding—its strength or purity fell below the
professed standard of quality as expressed in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,000.00.
1517. In Re: Alcolac, Inc., EPA Region III, November 26, 1974.
(I.F.&R. No. III-56C, I.D. No. 105197.)
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
January 31, 1974, from Baltimore, Maryland, to Philadelphia,
Pennsylvania. The pesticide involved was ETHYLENE OXIDE; the
charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,200.00.
1518. In Re: Bacon Products Company, EPA Region IV, May 23,
1974, (I.F.&R. No. IV-42C, I.D. No. 95561.)
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)(A). The action pertained to a shipment
made on January 16, 1973, from Chattanooga, Tennessee, to Ring-
gold Georgia. The pesticide involved was EAGLES-7 PROLIN RAT
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BAIT KILLS RATS MICE; the charge was misbranding—ineffective
for the control of mice when used as directed.
The complaint was withdrawn because EPA was unable to establish
that the respondent had been notified of the required efficacy tests,
with which it must comply, prior to the alleged violative shipment.
1519. In Re: World Chemical Company, EPA Region IV, May
23,1974, (I.F.&R. No. IV-2C, I.D. Nos. 94801 and 94802.)
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
February 1, 1973, from Memphis, Tennessee, to Canton, Mississippi.
The pesticides involved were MICROPEL and MICROMATE; the
charge was nonregistration.
Complaint was withdrawn because respondent was sole pro-
prietorship and sole proprietor died in November 1973.
1520. In Re: Water Services, Inc., EPA Region IV, November 4,
1974, (I.F.&R. No. IV-89C, I.D. No. 95661.)
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(c)(l). The action pertained to a product held for
distribution or sale on November 27, 1973, at Water Services, Inc.,
Knoxville, Tennessee. The pesticide involved was ALGICIDE X-20;
charges included adulteration and misbranding—its 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 $420.00.
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1521. In Re: Morton Pharmaceuticals, Inc., EPA Region IV,
November 11, 1974. (I.F.&R. No. IV-82C, I.D. No. 95139.)
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(c)(l). The action pertained to a product held for
distribution or sale on January 22, 1974, at Morton Pharmaceuticals,
Inc., Memphis, Tennessee. The pesticide involved was EUREKA
WEED AND GRASS KILLER; charges included adulteration and
misbranding—its 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 $800.00.
1522. U.S. V. 13 cartons -12 tubes each, more or less, of a
product labeled in part "STUMPFS* MAGIC HOODOO
PASTE." U. S. District Court, Western District of North
Carolina, October 10, 1972. (I.F.&R. No. IV-P-19, I.D. No.
101399.)
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
May 4, 1972, by John Stumpf's Son, from Gretna, Louisiana, to
Charlotte, North Carolina. The product was not registered.
The Order of Condemnation, Forfeiture and Destruction ordered de-
struction of the product.
1523. U.S. v. 14 cases - 6/5 pound pails each, more or less, of a
product labeled in part "ROBARK SURGISOLVENT." U.S.
District Court, Eastern District of North Carolina, October
30,1972. (I.F.&R. No. IV-P-18, I.D. No. 100260.)
This was a seizure action charging the product with being in violation
of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
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135a(a)(l}; 135b; 135a(a)(5); and 135(z)(2)(d). The action pertained
to a shipment made on February 8, 1972, by Polychem Corporation,
from New Haven, Connecticut, to Raleigh, North Carolina, charges
included nonregistration and misbranding—lack of adequate
warning or caution statement on labels.
The Notice of Dismissal authorized release of product for relabeling
to bring into compliance with the Act.
1524. U.S. v. 13 cases - 12/1 pint bottles and 2 cases - 4/1
gallon jugs, more or less, of a product labeled in part "X-
14 INSTANT MILDEW REMOVER." U.S. District Court,
Western District of North Carolina, February 9, 1973.
(I.F.&R. No. IV-P-46,1.D. No. 88207.)
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
August 29, 1972, by White Laboratories, from Orlando, Florida, to
Charlotte, North Carolina. The product was not registered.
The Final Order authorized release of the product for relabeling to
bring into compliance with the Act.
1525. In Re: Hilex Division, Hunt Chemicals, Inc., EPA Region V,
February 21,1974. (I.F.&R. No. V-033C, I.D. No. 94000.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l). The action pertained to a product held for distribution or
sale on August 29, 1973, at Hilex Division, Hunt Chemicals, Inc., 33
E. Wentworth St., St. Paul, Minnesota. The pesticide involved was
MRS. BRITE BLEACH; the charge was that labels bore claims and
directions for use that differed in substance from the representations
made in connection with the product's registration.
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As a result of a settlement conference, it was determined that the re-
spondent was not in violation as charged. The Final Order dismissed
all charges made in the Complaint and Notice of Opportunity For
Hearing.
1526. In Re: The Drackeit Products Company, EPA Region V,
February 22,1974. (I.F.&R. No. V-018C, I.D. No. 93713.)
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)(G}; 136(c)(l); 136(q)(l)(A);and 135a(a}(l). The
action pertained to a shipment made on April 3, 1973, from
Cincinnati, Ohio, to St. Paul, Minnesota. The pesticide involved was
VANISH DISINFECTANT BOWL CLEANER; charges included
adulteration and misbranding—strength or purity fell below the
standard of quality represented in labeling, lack of adequate warning
or caution statement on labels, and claims made for the product
differed in substance from the representations made in connection
with its registration.
As a result of a settlement conference, it was determined that the
respondent was not in violation as charged. The Final Order
dismissed all charges made in the Complaint and Notice of
Opportunity For Hearing.
1527. In Re: Agrico Chemical Company, EPA Region V, April 3,
1974. (I.F.&R. No. V-037C, I.D. No. 102300.)
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
shipments made on February 20 and April 9, 1974, from Danville,
Illinois, to Kansas City, Kansas. The pesticide involved was
PATTERSON'S SOD WEBWORM GRANULES WITH TURF
FUNGICIDE; charges included misbranding and
adulteration—strength or purity fell below the standard of quality
expressed on its labeling.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2000.00.
1528. In Re: Salsbury Laboratories, EPA Region VI, May 2,
1974. (I.F.&R. No. VI-15C, I.D. No. 90097.)
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 136(c)(l). The action pertained to a
shipment made on April 19, 1973, from Little Rock, Arkansas, to East
St. Louis, Illinois. The pesticide involved was SALSBURY
MALATHION DRY INSECTICIDE; charges included adulteration
and misbranding—its 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 $800.00.
1529. In Re: Thompson-Hay ward Chemical Co., EPA Region VI,
Septmeber 23,1974. (I.F.&R. No. VI-26C, I.D. No. 101918.)
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 6, 1973, from Houston, Texas, to Denver, Colorado. The
pesticide involved was BIOTROL XK WETTABLE POWDER
BIOLOGICAL INSECT CONTROL;'the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,200.00.
1530. In Re: Scientific Research Corporation, EPA Region VI,
October 16,1974. (I.F.&R. No. VI-22C, I.D. No. 90726.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
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136j(a)(l)(E); 136(q)(l)(A); and 136j(a){2)(A). The action pertained to a
shipment made on August 27, 1973, from Alva, Oklahoma, to
Hobart, Oklahoma. The pesticide involved was FEN-ALi
CONCENTRATE; charges included alteration of the required
labeling, adulteration and misbranding—its strength or purity fell be-
low the professed standard of quality as expressed on it labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,100.00.
1531. In Re: The Uddo Company, EPA Region VI, October 21,
1974. (I.F.&R. No. VI-19C, I.D. Nos. 104579, 104578 and
90902.)
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(c)(l); and 136(q)(l)(A). The action
pertained to a shipment made on January 24, 1973, from New
Orleans, Louisiana, to El Dorado, Arkansas, and to products held for
distribution or sale on September 5, 1974, at The Uddo Company,
New Orleans, Louisiana. The pesticides involved were SURE-PINE
PINE OIL DISINFECTANT DEODRANT, SURE-MINT
DISINFECTANT DEODORANT, and SURE-KLEAN BLEACH;
charges included nonregistration, adulteration and mis-
branding—strength or purity of product fell below the professed
standard of quality as expressed in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,400.00.
1532. In Re: Humco Laboratory, Inc., EPA Region VI, November
13,1974. (I.F.&R. No. VI-31C, t.D. No. 104682.)
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)(A). The action pertained to a product held
for distribution or sale on January 23, 1974, at Humco Laboratory,
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Inc., Texarkana, Texas. The pesticide involved was CHLOROFORM
AND BENZENE MIXTURE; the charge was misbranding—labels
bore a false or misleading statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,600.00.
1533. In Re: Irwin-Willert Company, EPA Region VII,
September 11, 1974. (I.F.&R. No. VII-44C, I.D. Nos. 91549
and 102185.)
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 136(c)(l). The action pertained to a
shipment made on May 17, 1973, from St. Louis, Missouri, to Salina,
Kansas. The pesticide involved was DALE MILDEW CAKE; charges
included adulteration and misbranding—its strength or purity fell be-
low the professed standard of quality as expressed on its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
1534. In Rer.Empire Manufacturing Company, EPA Region VII,
September 12, 1974. (I.F.&R. No. VII-49C, I.D. No.
105640.)
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)(G); 136(q)(l)(F); 136(q)(2)(A); 136(n);
136(q){2)(C)(v); and 136(q)(2)(C)(iii). The action pertained to a product
held for distribution or sale on February 28, 1974, at Empire
Manufacturing Company, Kansas City, Missouri. The pesticide
involved was THE ORIGINAL PATTY-O-CANDLE; the charge was
misbranding—lack of adequate warning or caution statement, lack
of adequate ingredient statement, lack of net weight or measure of
content statement and lack of assigned registration number on labels.
1024
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $250.00.
1535. In Re: Jirdon Agri Chemicals, Inc., EPA Region VII,
September 25, 1974. (I.F.&R. No. VII-37C, I.D. No.
101876.)
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
shipment made on March 8, 1973, from Morrill, Nebraska, to Casper,
Wyoming. The pesticide involved was JIRDON LAWN FERTILIZER
CONTAINING DACTHAL HERBICIDE 10-10-4; charges included
adulteration and misbranding—its 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 $1,700.00.
1536. In Re: Bonewitz Chemical, Inc., EPA Region VII, October
1,1974. (I.F.&R. No. VII-58C, I.D. No. 112790.)
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 May 9, 1974, at Bonewitz
Chemicals, Inc., Burlington, Iowa. The pesticide involved was
BONCHEM MIKRO-CIDE 242; charges included adulteration and
misbranding—its 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 $1,800.00.
1537. In Re: King Castle, Inc., EPA Region VII, October 9,1974.
(I.F.&R. No. VII-35C, I.D. No. 102580.)
1025
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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 October 16, 1973, at King
Castle, Inc., Marion, Iowa. The pesticide involved was KING CASTLE
PROFIT GUARD WORM AND FLY BLOCK MEDICATED; charges
included adulteration and misbranding—its 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 $500.00.
1538. In Re: Anchor Laboratories, Inc., EPA Region VII, October
17,1974. (I.F.&R. No. VII-53C, I.D. No. 115220.)
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)[G); 136(q)(l)(A); and 135(a)(l). The action
pertained to a shipment made on or about April 2, 1974, from North
Kansas City, Missouri, to Burnsville, Minnesota. The pesticide
involved was METHOXYCHLOR AND MALATHION DAIRY
CATTLE DUST; charges included claims differed in substance from
the representations made in connection with the product's re-
gistration 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 $2,400.00.
1539. In Re: Geisler Pet Products, Inc., EPA Region VII, October
17,1974. (I.F.&R. No. VI-65C, I.D. Nos. 87575 and 117278.)
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 or about September 11 and
November 28, 1973, from Omaha, Nebraska, to Allison, Iowa, and
1026
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Cheswick, Pennsylvania. The pesticides involved were GEISLER
FOAM SHAMPOO and GEISLER END SECT SPRAY FLEA AND
TICK KILLER FOR CATS; charges included nonregistration and
claims differed in substance from the representations made in
connection with the products registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $5,000.00.
1540. In Re: Lite Weight Products, Inc., EPA Region VII, October
22,1974. (I.F.&R. No. VII-59C, I.D. No. 112672.)
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)(G); and 135a(a)(l). The action pertained to
shipments made on May 25 and August 7, 1973, from Kansas City,
Kansas, to Kansas City, Missouri. The pesticide involved was PERLITE
PLUS SEVIN SOD WEBWORM 5% GRANULES 25 LB.; charges
included claims differed in substance from the representations made
in connection with the product's 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 $600.00.
1541. In Re: PBI Gordon Corporation, EPA Region VII,
November 1, 1974. (I.F.&R. No. VII-69C, I.D. Nos. 87545,
112787, and 112789.)
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)(G); and 135a(a)(l). The action pertained to
shipments made on December 19, 1973, and April 22, 1974, from
Kansas City, Kansas, to Davenport, Iowa, and to a product held for
distribution or sale on January 9, 1974, at PBI Gordon Corporation,
Kansas City, Kansas. The pesticides involved were VIGORO ROSE
FLOWER AND SHRUB SPRAY, ACME SEVIN 50W, and ACME
1027
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10% CHLORDANE DUST; charges included claims differed in sub-
stance from the representations made in connection with the
product's 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 $3,024.00.
1542. In Re: Chemagro, Division of Baychem Corporation, EPA
Region VII, November 11, 1974. (I.F.&R. No. VII-73C, I.D.
No. 116282.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l). The action pertained to a shipment made on February 7,
1974, from Kansas City, Missouri, to Orlando, Florida. The pesticide
involved was CHEMAGRO MONITOR 4 LIQUID INSECTICIDE; the
charge was that the claims differed in substance from the
representations made in connection with the product's registration.'
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1512.00.
1543. In Re: The Leonard Company, EPA Region VII, November
14,1974. (I.F.&R. No. VII-60C, I.D. No. 91561.)
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)(G); 136(q)(2)(C)(iv); and 136(q)( 1 )(A). The
action pertained to a product held for distribution or sale on
September 7', 1973, at The Leonard Company, St. Louts, Missouri.
The pesticide involved was HY-SUPER INSECTICIDE; the charge
was misbranding—lack of adequate warning or caution statement on
labels, lack of assigned registration number on labels and labels bore
false or misleading statements as to the safety of the product.
1028
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $580.00.
1544. In Re: Senoret Chemical Company, EPA Region VII,
November 15,1974. (I.F.&R. No. VII-67C, I.D. No. 113829.)
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); 136(q)(l)(A); and 136(q)(l)(G). The action
pertained to a shipment made on or about July 16, 1973, from St.
Louis, Missouri, to Emeryville, California. The pesticide involved was
TERRO CALIFORNIA ANT KILLER; the charge was mis-
branding—lack of adequate warning or caution statements for the
protection of health and environment.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $630.00.
1545. U.S. v. Lester R. Sandahl Company, U.S. District Court,
Southern District of Iowa, Criminal No. 73-81, October 15,
1974. (I.F.&R. No. VII-4P, I.D. Nos. 74785 and 103313.)
This was a criminal action perpared by EPA Region VII 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{a); 135a(a)(5); 135[z)(2)(d); 7 CFR 362.9; and 40 CFR 162.9.
The action pertained to shipments made on October 9, 1970, and
January 28, 1972, from Madrid, Iowa, to Salt Lake City, Utah. The
pesticide involved was SANDAHL'S SILICONE CLIPPER LUBE;
charges included nonregistration and misbranding—lack of
adequate warning or caution statement on labels.
The defendant entered a plea of guilty to counts 1 and 3. The
remaining counts were dismissed.
A fine of $400.00 was levied.
1029
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1546* In Re: Shaklee Corporation, EPA Region IX, September 5,
1974. (I.F.&R. No. IX-44C, I.D. Nos. 92750, 92751, 92755,
92756, and 92757.)
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)(G); 136(q)(2)(C)(v); 136{q)(l}(E); 135a[a)(l);
136(q)(l)(A); and 135(q)(2)(A). The action pertained to products held
for distribution or sale on August 30, 1973, at Shakiee Corporation,
Hayward, California. The pesticides involved were SGC and SAC;
charges included claims and directions for use differed in substance
from the representations made in connection with the product's re-
gistration and misbranding—lack of adequate warning or caution
statement on labels, lack of adequate directions for use on labels,
lack of adequate ingredient statement on labels and labels bore a
false or misleading statement.
The Default Order assessed the respondent a civil penalty of
$14,500.00.
1547. In Re: Western Purifier Company, EPA Region IX,
October 1,1974. (I.F.&R. No. IX-21C, I.D. No. 74856.)
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
February 21, 1973, from N. Hollywood, California, to Tempe,
Arizona. The pesticide involved was OGDEN WATER PURIFIER
MODEL "A" SERIES REPLACEMENT CARTRIDGE; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,500.00.
1548. In Re: Model & Company, EPA Region IX, October 7,
1974. (I.F.&R. No. IX-61C, I.D. No. 115213.)
1030
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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 a shipment made on January 15, 1974, from San
Francisco, California, to Duluth, Minnesota. The pesticide involved
was WATERBED ALGAE CONTROL; 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.
1549. In Re: Ball Industries, EPA Region IX, October 18, 1974.
(I.F.&R. No. IX-63C, I.D. No. 113736.)
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)(G); and 135(q)(2)(A). The action pertained to a
product held for distribution or sale on May 1, 1974, at Ball In-
dustries, El Segundo, California. The pesticide involved was BALL
FORMULA 8-13; the charge was misbranding—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 $1,000.00.
1550. In Re: Michel & Pelton Company, EPA Region IX, October
31,1974. (I.F.&R. No. IX-42C, I.D. Nos. 92735 and 92739.)
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(q)(l)(E); and 135a(a){l). The action
pertained to a product held for distribution or sale on August 8, 1973,
at Michel & Pelton Company, Emeryville, California. The pesticides
involved were MAPCO PINE OIL DISFECTANT and MAPCO LICE
AND FLEA SOAP; charges included directions for use differed in
1031
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substance from the representations made in connection with its re-
gistration 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 did not
assess a civil penalty due to the firm's lack of ability to pay.
1032
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Index to Notices of Judgment 1501 - 1550
NJ. No.
Agrico Chemical Company (Civil) 1527
Alcolac, Inc. (Civil) 1517
Anchor Laboratories, Inc. (Civil) 1538
Bacon Products Company (Civil) 1518
Ball Industries (Civil) 1549
Bonewitz Chemical, Inc. (Civil) 1536
Camp Chemical Co., Inc. (Civil) 1511
Chemagro, Division of Baychem Corporation
(Civil) 1542
Cincinnati Milacron (Civil) 1512
Drackett Products Company, The (Civil) 1526
Empire Manufacturing Company (Civil) 1534
Faesy & Bestoff, Inc. (Civil) 1513
Faesy & Bestoff, Inc. (Civil) 1514
Fuller Brush Company (Civil) 1503
Geisler Pet Products, Inc. (Civil) 1539
Gillette Company, The (Civil) 1506
Hilex Division, Hunt Chemicals, Inc. 1525
(Civil)
Model & Company (Civil) 1548
Humco Laboratory, Inc. (Civil) 1532
Irwin-Willert Company (Civil) 1533
J. Hubbard Company (Criminal) 1507
Jirdon Agri Chemicals, Inc. (Civil) 1535
King Castle, Inc. (Civil) 1537
Leonard Company, The (Civil) 1543
Lester R. Sandahl Company (Criminal) 1545
Lite Weight Products, Inc. (Civil) 1540
Michel & Pelton Company (Civil) 1550
Misco Products Corp. (Civil) 1516
Morton Pharmaceuticals, Inc. (Civil) 1521
Old Fox Chemical, Inc. (Civil) 1501
PBI Gordon Corporation (Civil) 1541
Rite-Off Corp. (Civil) 1515
Robark Surgisolvent (Seizure) 1523
Robins Superchlor Cleanser Bactericide
Disinfectant (Seizure) 1509
1033
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Safari Kennel Products (Civil) 1510
Salsbury Laboratories (Civil) 1528
Samual Cabot, Inc. (Civil) 1502
Scientific Research Corporation (Civil) 1530
Senoret Chemical Company (Civil) 1544
Shaklee Corporation (Civil) 1546
Sterling-Clark-Lurton Corporation (Civil) 1505
Stumpfs' Magic Hoodoo Paste (Seizure) 1522
Thompson-Hay ward Chemical Co. (Civil) 1529
Uddo Company, The (Civil) 1531
Water Services, Inc. (Civil) 1520
Western Purifier Company (Civil) 1547
White Cross Chemicals (Civil) 1504
World Art Group, Inc. (Criminal) 1508
World Chemical Company (Civil) 1519
X-14 Instant Mildew Remover (Seizure) 1524
1034
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