N. J., I.F.R. 1651-1700 Issued February 1976
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. 1651-1700
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).
Stanley W. Legro
Assistant Administrator
for Enforcement
Washington, D.C.
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1651. In Re: Stanley Home Products, Inc., EPA Region I, March
14,1975. (I.F.&R. No. 1-21C, I.D. No. 119024.)
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 April 16, 1974, at Stanley Home Products,
Inc., Easthampton, Massachusetts. The pesticide involved was
STANHOME GERM-TROL DISINFECTANT DEODORANT
GERMICIDE; the charge was misbranding—labels bore false or
misleading claims for efficacy.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,350.00.
1652. In Re: Ro-Pak Manufacturing, Ltd., EPA Region II,
January 20,1975. (I.F.&R. No. 11-31C, I.D. No 94872.)
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)(1)(E). The action pertained to a
shipment made on December 12, 1972, from Syracuse, New York, to
Atlanta, Georgia. The pesticide involved was STAIN NO MOR;
charges included nonregistration and misbranding—lack of
adequate warning or caution statement and lack of adequate
ingredient statement.
The Final Order did not assess a civil penalty due to the firm's
inability to pay.
1653. In Re: Biocerta Corporation, Inc., EPA Region II, January
31,1975. (I.F.&R. No. II-45C, I.D. No. 106076.)
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 31, 1974, at Biocerta Corporation,
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New York, New York. The pesticide involved was EXTERMITE
CONCENTRATE; the charge was misbranding—labels bore a false
or misleading statement.
The Final Order did not assess a civil penalty due to the firm's
inability to pay.
1654. In Re: Biocerta Corporation, Inc., EPA Region II, January
31,1975. (I.F.&R. No. II-46C, I.D. No. 105350.)
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) and 136(q)(l)(A). The action pertained to a product held
for distribution or sale on January 31, 1974, at Biocerta Corporation,
Inc., New York, New York. The pesticide involved was BAYPAX
RESIDUAL INSECTICIDE; the charge was misbranding—the product
contained more active ingredient than declared in labeling.
The Final Order did not assess a civil penalty due to the firm's
inability to pay.
1655. In Re: Biocerta Corporation, Inc., EPA Region II, January
31,1975. (I.F.&R. No. II-47C, I.D. No. 105346.)
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) and 136(q)(1)(A). The action pertained to a product held
for distribution or sale on January 31, 1974, at Biocerta Corporation,
New York, New York. The pesticide involved was PAXDIAZ
RESIDUAL INSECTICIDE; the charge was misbranding—the product
contained more active ingredient than declared in labeling.
The Final Order did not assess a civil penalty due to the firm's
inability to pay.
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1656. In Re: H. Clay Glover, Inc., EPA Region II, February 25,
1975. (I.F.&R. No. II-26C, I.D. No. 94828.)
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 27, 1973, from Toms River, New Jersey, to Atlanta, Georgia.
The pesticide involved was SARCOPTIC MANGE MEDICINE; the
charge was nonregistration.
The civil complaint was withdrawn since U.S. Food and Drug
Administration had.primary jurisdictional responsibility for this type
product.
1657. In Re: Federal Chemical Co., EPA Region II, April 29,
1975. (LF.&R. No. H-56C, I.D. No. 105338.)
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) amd 136(q}(1)(A). The action pertained to a product held
for distribution or sale on January 17, 1975, at Federal Chemical Co.,
Cranbury, New Jersey. The pesticide involved was FEDERAL LAWN
MASTER CRAB GRASS CONTROL; 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 $1743.00.
1658. In Re: Oil Specialties & Refining Co., Inc., EPA Region II,
May 8,1975. (I.F.&R. No. II-35C, I.D. No. 69540.)
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 January
15, 1973, from Brooklyn/ New York, to Springfield, Massachusetts.
The pesticide involved was KELLCO MINT DISINFECTANT; charges
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included directions for use differed from the representations made in
connection with its registration and misbranding—lack of adequate
precautionary statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1500.00.
1659. In Re: Stoner's Ink, EPA Region III, January 24, 1975.
(I.F.&R. No. III-57C, I.D. Nos. 105752 and 105753.)
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 136(c)(l). The action pertained to a
product held for distribution or sale on February 27, 1974, at Stoner's
Ink, Quarryville, Pennsylvania. The pesticides involved were INSECT
SPRAY and STONER'S INSECT SPRAY; charges included
composition of the product differed from the composition as
represented in connection with its registration and adulteration—its
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 $3,060.00.
1660. In Re: Nicole Dorea, Inc., EPA Region III, February 7,
1975. (I.F.&R. No. III-39C, I.D. No. 92723.)
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);
136(q)(l)(A); 136(q)(2)(C)(iii); and 135(o). The action pertained to a
shipment made on April 4, 1973, from Gordonsville, Virginia, to
Santa Rosa, California. The pesticide involved was VELVET MIST
BOT-OFF BREAKS THE BOT-FLY LIFE CYCLE; charges included
nonregistration and misbranding—lack of adequate warning or
caution statement, lack of adequate ingredient statement, lack of
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required statement of net weight or measure of content and labels
bore false or misleading claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
1661. In Re: Berrien Products Co., Inc., EPA Region IV, March 6,
1975. (I.F.&R. No. IV-99C, I.D. Nos. 116793, 116794, and
116796.)
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)(2}; 136(q)(l)(G); 135a(a)(l); 136(q)(2)(A) and
136(c)(l). The action pertained to products held for distribution or
sale on May 15, 1974, at Berrien Products Co., Inc., Nashville,
Georgia. The pesticides involved were BERRIEN ZINEB DUST-6.5,
BERRIEN INSECTICIDE 10% SEVIN DUST and BERRIEN
TOXAPHENE DUST; charges included claims and directions for use
differed in substance from those represented during the registration
process, adulteration and misbranding—contaminated with an
additional active ingredient not named on labeling, its strength or
purity fell below the professed standard of quality as expressed on its
labeling, and lack of adequate warning or caution statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $5,300.00.
1662. In Re: Kenco Chemical & Manufacturing Company, Inc.,
EPA Region IV, March 11, 1975. (I.F.&R. No. IV-79C, I.D.
No. 95055.)
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 16, 1973, at Seed-
smith's, Inc., Jacksonville, Florida. The pesticide involved was SUPER
RID-A-BUG CONCENTRATE; charges included adulteration and
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misbrdnding—strength _qr 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.
1663. In Re: Barry Martin Pharmaceuticals, Inc., EPA Region IV,
April 3,1975. (I.F.&R. No. IV-112C, I.D. No. 116645.)
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 shipments made on July
23, August 7, and August 15, 1974, from Miami, Florida, to
Nashville, Tennessee. The pesticide involved was BARRY MARTIN
BLUE OINTMENT N.F.; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,120.00.
1664. In Re: Gulf States Chemical Company, EPA Region IV,
April 8, 1975. (I.F.&R. No. IV-HOC, llo. Nos. 116428 and
117212.) '
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(c)(l]. The action pertained to
a shipment made on April 10, 1974, from Hattiesburg, Mississippi, to
Pensacola, Florida, and to a product held for distribution or sale on
August 28, 1974, at Gulf. States Chemical, Gompany, Hattiesburg,
Mississippi. The pesticides involved were PINE-O-KLEEN PINE OIL
DISINFECTANT WITH BORAX and SANTI-KLEEN
CONCENTRATED PINE OIL DISINFECTANT; charges included
nonregistration and adulteration-—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
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1665. In Re: Ciba-Geigy Corporation, EPA Region IV, April 14,
1975. (I.F.&R. No. IV-107C, I.D. Nos. 112397, 112398 and
112399.)
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)(A); 136(q)(2)(C)(iv); and
136(q)(2)(C)(ii). The action pertained to shipments made on August 3,
September 13, and December 28, 1973, from Mclntosh, Alabama, to
Omaha, Nebraska. The pesticide involved was STABILIZED DIA-
ZINON MG-8 INSECTICIDE; the charge was misbranding—lack of
necessary warning statements, lack of ingredient statement, lack of
assigned registration number and lack of name, brand or trademark
on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $12,000.00.
1666. In Re: Zep Manufacturing Company, A Division of
National Service Industries, EPA Region IV, April 23,1975.
(I.F.&R. No. IV-109C, I.D. Nos. 116797 and 114688.)
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)(A); 135(o); 136(q)(2)(C)(iv);
136(q)(2)(C)(iii); and 136(q)(2)(C)(i). The action pertained to a
shipment made on May 2, 1974, from Atlanta, Georgia, to Dallas,
Texas, and to a product held for distribution or sale on June 11,
1974, at Zep Manufacturing Company, Atlanta, Georgia. The
pesticides involved were ZEP-AMINE CONCENTRATED
DISINFECTANT, SANITIZER, DEODORANT and ZEPHENE;
charges included claims and directions for use differed in substance
from the representations made in connection with its registration and
misbranding—lack of adequate warning or caution statement, lack
of adequate ingredient statement, lack of assigned registration
number, lack of net weight statement and lack of name and address
of manufacturer on labels.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,000.00.
1667. In Re: Auto-Chlor of Jackson, EPA Region IV, April 25,
1975. (I.F.&R. No. IV-116C, I.D. No. 110497 and 110498.)
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 December 3, 1974, ot Auto-Chlor of Jackson,
Jackson, Mississippi. The pesticides involved were AUTO-CHLOR
DS33 and AUTO-CHLOR SANITIZING SOLUTION-CL; the charge
was adulteration—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 $685.00.
1668. In Re: H & S Equipment and Supply Co., Inc., EPA Region
V, February 26, 1975. (I.F.&R. No. V-219C, I.D. Nos.
115530 and 115531.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(])(E}; 136(q)(l)(A) and 136(c)(l). The action pertained to
products held for distribution or sale on July 19, 1974, at H & S
Equipment and Supply Co., Inc., Shelbyville, Indiana. The pesticides
involved were STOCKSHINE CATTLE OIL and STOCKSHINE
DAIRY CATTLE OIL; the charge was mtsbranding—strength or
purity of the products fell below the professed standard as expressed
on the labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $924.00.
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1669. In Re: Swift Agricultural Chemicals Corp., EPA Region V,
March 20,1975. (I.F.&R. No. V-015C, I.D. No. 93625.)
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); 136(q)(l)(A); and 136(q)(l)(F). The action
pertained to a shipment made on February 8, 1973, from East St.
Louis, Illinois, to Fairmont, Minnesota. The pesticide involved was
GOLDEN VIGORO LAWN FERTILIZER PLUS WEED CONTROL;
charges included adulteration and misbranding—strength or purity
fell below the professed standard of quality as expressed on its
labeling and labels did not bear adequate directions for use.
1670. In Re: Plunkett Chemical Company, EPA Region Vr April
11,1975. (I.F.&R. No. V-78C, I.D. No. 92061.)
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)(l). The action pertained to a
product held for distribution or sale on December 11, 1973, at Plun-
kett Chemical Company, Chicago, Illinois. The pesticide involved was
SANOFORM CS-2; charges included adulteration and
misbranding—strength or purity of the product fell below the
professed standard or quality under which it was sold.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1671. In Re: McGraw-Edison Company, Inc., EPA Region V,
April 18,1975. (I.F.&R. No. V-13C, I.D. No. 87305.)
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 January 22, 1973, from Albion, Michigan, to
Matton, Illinois. The pesticide involved was GOLDEN-AIRE
HUMIDIFIER TABLETS; charges included adulteration and
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misbranding—strength or purity of the product fell below the
professed standard or quality under which it was sold.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $425.00.
1672. In Re: Metallic Coating Company, Division of James B.
Day & Company, EPA Region V, April 18, 1975. (I.F.&R.
No. V-211C, I.D. Nos. 115951 and 115954.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(L). The action pertained to the production of pesticides in
an unregistered establishment at Carpentersville, Illinois, on August
16, 1974. The pesticides involved were COPEROYD PURE ME-
TALLIC COPPER ANTI-FOULING BOAT BOTTOM COATING and
COPEROYD ANTI-FOULING BOAT BOTTOM COATING VINYL
BASE.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1673. In Re; The Pioneer Manufacturing Company, EPA Region
V, April 23,1975. (I.F.&R. No. V-224C, I.D. No. 115436.)
This was a civil action charging the repondent 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 May 8, 1974, at the Pioneer Manufacturing
Company, Cleveland, Ohio. The pesticide involved was PIONEER
BUG SPRAY LIQUID; the charge was adulteration—strength or
purity of the product fell below the processed standard of quality as
expressed on its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1080.00.
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1674. In Re: J. J. Dill Company, EPA Region V, April 25, 1975.
(I.F.&R. No. V-201C, I.D. Nos. 106213 and 106472.)
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 November 14, 1972, at J. J. Dill Company,
Kalamazoo, Michigan. The pesticides involved were DILL RAT-KILL
PARAFIN RAT BLOCKS and DILL RED SQUILL NUGGETS; the
charge was misbranding—products would not be fully effective when
used as directed.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1500.00.
1675. U.S. v. Liquid Carbonic Corporation, U.S. District Court,
Northern District of Illinois, Criminal No. 74CR592,
September 9,1974. (I.F.&R. No. V-46, I.D. No. 97753.)
This was a criminal action prepared by EPA Region V charging the de-
fendant 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); 135(z)(2)(d); and 135f. The action pertained to a
shipment made on April 11, 1972, from La Grange Park, Illinois, to
Madison, Wisconsin. The pesticide involved was ETHYLENE OXIDE
AND FREON-12 MIXTURE; charges included nonregistration and
misbranding—label failed to bear adequate precautionary
statements.
The defendant entered a plea of guilty to both counts.
A fine of $ 1500.00 was levied.
1676. U.S. v. Riverdale Chemical Company, U.S. District Court,
Northern District of Illinois, Criminal No. 74CR593,
September 9, 1974. (I.F.&R. No. V-49, I.D. Nos. 97758 and
99371.)
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This was a criminal action prepared by EPA Region V charging the de-
fendant 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); 135(z}(l); and 135(z)(2)(c). The action pertained to
shipments made on June 10, 1971, and April 18, 1972, from Chicago
Heights, Illinois, to Fort Dodge, Iowa, and Boswell, Indiana. The
pesticides involved were RIVERDALE WEEDESTROY LAWN
WEED KILLER and RIVERDALE 2,4,5-T LOW VOLATIVE ESTER;
charges included nonregistration and misbranding—labels bore a
false registration number, directions for use differed from those made
in connection with registration and directions for use not adequate to
protect the public.
The defendant entered a plea of guilty to both counts.
A fine of $ 1350.00 was levied.
1677. U.S. v. Time Chemical, Inc., U.S. District Court, Northern
District of Illinois, Criminal No. 74CR591, September 9,
1974. (I.F.&R. No. V-61,1.D. Nos. 67384,81691,97638, and
97639.)
This was a criminal action prepared by EPA Region V charging the de-
fendant in a four count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C 135a(a)(l);
135b; 135a(a)(5) and 135(z)[2)[d). The action pertained to shipments
made on March 25, 1970, November 20, 1970, August 2, 1971, and
September 26, 1972, from Chicago, Illinois, to Lima, Ohio; Denver,
Colorado; Sioux Falls, South Dakota; and Auburn Heights, Michigan.
The pesticides involved were TIME SAVER TOILET BOWL
CLEANER, BROWNIE FOAMING BLUE ACTION BLEACH
CLEANSER, IDECO DETERGENT-SANIZER and SANNI-R1NSE
ODORLESS SANITIZING AGENT; charges included nonregistration
and misbranding—inadequate precautionary statements on labels.
The defendant entered a plea of guilty to all counts.
A fine of $3000.00 was levied.
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1678. U.S. v. Black Leaf Products Company, U.S. District Court,
Northern District of Illinois, Criminal No. 74CR589,
September 11, 1974. (I.F.&R. No. V-9,1.D. Nos. 86941 and
86988).
This was a criminal action prepared by EPA Region V charging the de-
fendant in a two count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(5);
135(z)(l) and 135(z)(2). The action pertained to shipments made on
March 2 and 13, 1973, from Elgin, Illinois, to Portsmouth, Ohio, and
Florence, Kentucky. The pesticides involved were CHIORDANE
DUST and NICO-FUME SMOKE FUMIGATOR; the charge was
misbranding—labels failed to bear adequate precautionary
statements.
The defendant entered a plea of guilty to all counts.
A fine of $1000.00 was levied.
1679. U.S. v. Cooper U.S.A., Inc., U.S. District Court, Northern
District of Illinois, Criminal No. 74CR590, September 11,
1974. (I.F.&R. No. V-35, I.D. Nos. 67555, 67442 and
100836.)
This was a criminal action prepared by EPA Region V charging the de-
fendant in a five count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135b; 135a(a)(5); 135(z)(l); and 135(y). The action pertained to
shipments made on August 19, 1970, January 22, 1971, and Nov-
ember 19, 1971, from Chicago, Illinois, to Superior, Wisconsin, St.
Louis, Missouri, and Reno, Nevada. The pesticides involved were
COOPER DRI-KILL, PULVEX CAT FLEA POWDER and COOPER
MILK-OIL DISINFECTANT; charges included nonregistration,
misbranding and adulteration—product contained an additional
active ingredient not listed in the ingredient statement.
The defendant entered a plea of guilty to all counts..
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A fine of $3000.00 was levied.
1680. U.S. v. Walton-March, Inc., U.S. District Court, Northern
District of Illinois, Criminal No. 74CR594, September 11,
1974. (I.F.&R. No. V-62,1.D. Nos. 99897 and 86757.)
This was a criminal action prepared by EPA Region V charging the de-
fendant in a two count information with violating the Federal
Insecticide, Fungicide,.and Rodenticide Act, 7 U.S.C. 135a(a)(l) and.
135b. The action pertained to shipments made on February 8, and
July 12, 1972, from Highland Park, Illinois, to Lima, Ohio, and
Jackson, Michigan. The pesticides involved were WASTEMINDERS
DISPOSABLE PLASTIC BAGS and WAYS AND MEANS; the
charge was nonregistration.
The defendant entered a plea of guilty to both counts.
A fine of $1,000.00 was levied.
1681. U.S. v. Hysan Products Company, A Corporation, Henry
J. Brownstein, Joel Brownstein and Brian Brownstein, U.S.
District Court, Northern District of Illinois, Criminal No.
74CR805, December 4, 1974. (I.F.&R. No. 1376, I.D. Nos.
74387,81629,83982,89485,97175, and 97253.)
This was a criminal action charging the defendant in a 15 count
information with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(5); 135(o); 135(z)(l); 135f;
135(z)(2)(c); 135(z)(2)(d); 135(z)(2)(e); 135a(a)(2)(a) and 135a(a)(2)(d).
The action pertained-to shipments made on July 9 and October 26',
1970, January 21, April 23, and October 20, 1971, and January 28
and June 6, 1972, from Chicago, Illinois, to Royal Oak, Michigan;
Salt Lake City, Utah; Omaha, Nebraska; Dallas and Lubbock, Texas;
and Kansas City, Kansas. The pesticides involved were L & S
GERMICIDAL CLEANER, B1O-DET, FYTE TB HOSPITAL
GERMIDICAL . DETERGENT, ORANGE SCENTED CONQUER
DISINFECTANT DEODORANT and 006; the charge was rriis-
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branding—labels bore false or misleading claims for effectiveness
and labels Failed to bear adequate warning or caution statements,
adequate directions for use, ingredient statement, assigned
registration number, and the name and address of the manufacturer,
registrant or person for whom manufactured.
The defendant entered a plea of guilty to all counts against the
corporation. The charges against the indivduals were dismissed.
A fine of $15,000.00 was levied.
1682. U.S. v. Hopkins Agricultural Chemical Company, Inc., U.S.
District Court, Northern District of Illinois, Criminal No.
74CR9, December 19, 1974. (I.F.&R. No. V-59, I.D. Nos.
86498, 98758,98864, 99231, 99828, and 978420
This was a criminal action prepared by EPA Region V charging the de-
fendant in a 13 count indictment with violating the Federal In-
secticide, Fungicide, and Rodenticide Act, 7 U.5.C 135a(a){l); 135b;
135(z)(2)(d}; )35a(aM5); 135{z)(2)(c); and 135[z)(l). The action
pertained to shipments made on September 10, 1970; March 25,
1971; June 9, 1971; and March 15, 1972, from Rockford, Illinois, to
Brownwood, Texas; Florence, Kentucky; St. Paul, Minnesota; and
Culver, Indiana. The pesticides involved were ROBERTS
INSECTICIDE GRANULES, CROWN MALATHION 57 CON-
CENTRATE, CROWN VAPONA SPRAY SOLUTION and
ROBERTS VAPONA PLUS SPRAY SOLUTION; charges included
nonregistration and misbranding—lack of adequate warning or
caution statement on labels, lack of adequate directions for use on
labels and labels bore a false or misleading registration number
implying that the product was registered.
The defendant entered a plea of guilty to counts I, III, IV, VIII and XI.
The remaining counts were dismissed.
A fine of $2500.00 was levied.
1146
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1683. U.S. v. The Diversey Corporation, U.S. District Court,
Northern District of Illinois, Criminal No. 74CR841, March
4, 1975. (I.F. & R. No. V-067, I.D. Nos. 88349, 99782 and
100160.)
This was a criminal action prepared by EPA Region V charging the de-
fendant in an 11 count information with violating the Federal In-
secticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135a(a)(l);
135a(a}(5); 135(z)(2)(d); and 135(z)[2)(c). The action pertained to
shipments made on August 13 and December 21, 1971, from
Chicago, Illinois, to Abbotsford, Wisconsin, and Muskogee,
Oklahoma. The pesticide involved was DIVERSOL CX WITH
ARODYNE; charges included claims and directions differed in sub-
stance from representations made in connection with the product's re-
gistration and misbranding—inadequate warning or caution
statements on labels.
The defendant entered a plea of nolo contendere. The court found the
defendant guilty on counts I, VI and XI. The remaining counts were
dismissed.
A fine of $1500.00 was levied.
1684. In Re: Thuron Industries, Inc., EPA Region VI, April 15,
1975. (I.F.&R. No. VI-27C, I.D. No. 113630.)
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
October 9, 1974, from Dallas, Texas, to Niland, California. The
pesticide involved was STARBAR GOLDEN MALRIN
ATTRACTANT SUGAR BAIT; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,814.00.
1147
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1685. In Re: Plainsman Agricultural Chemicals, EPA Region VI,
April 29,1975. (I.F.&R. No. VI-42C, I.D. No. 114846.)
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)(2). The action pertained to a product held for
distribution or sale on January 9, 1975, at Plainsman Agricultural
Chemicals, Plainview, Texas. The pesticide involved was DIELDRIN
EMULSIFIABLE CONCENTRATE; the charge was adulteration-
product contaminated with another active ingredient.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,000.00.
1686. In Re: Saginaw Feed Co. Div., Internat'l Multifoods
Corp., EPA Region VI, April 29, 1975. (I.F.&R. No. VI-34C,
I.D. No. 114699.)
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 18, 1974, at Saginaw
Feed Co., Saginaw, Texas. The pesticide involved was KATTLE
KING BARFLY BLOCK; 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 $2,520.00.
1687. U.S. v. Poly Chem, Inc., U.S. District Court, Eastern District
of Louisiana, Criminal No. 7366, October 10, 1973. (I.F.&R.
No. 1364, I.D. No. 67523.)
This was a criminal action charging the defendant in a three count in-
formation with violating the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135a(a)(l); 135a(a)(5); 135(y); and
1148
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135(z)(l). The action pertained to a shipment made on October 8,
1971, from New Orleans, Louisiana, to Gulf port, Mississippi. The
pesticide involved was POLY FOGGING INSECTICIDE; charges in-
cluded composition of the product differed from that represented in
connection with its- registration, misbranding and adulteration—
.-product was contaminated..wifh.an additional active ingredient not
named on the label.
The defendant entered a plea of guilty to count 3. Counts 1 and 2
were dismissed.
A fine of $250.00 was levied.
1688. In Re: Anderson-Stolz Corporation, EPA Region VII,
March 13,1975. (I.F.&R. No. VII-87C, I.D. Nos. 112510 and
112511.)
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); 136lq)(l)(A) and 136(c)(l). The action pertained to
products hejd for distribution or sale on July 25, 1974, at Anderson-.
Stolz Corporation, Kansas City, Missouri. The pesticides involved
were SOL-VET 42IX and SOL-VET 423; 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 $1,300.00.
1689. In Re: Tom-Boy,,lnc.,,EPA Region VII, March 13, 1975.
(I.F.&R. No. VII-96C, I.D. No. 114307.)
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 September 10, 1974, at Tom-Boy, Inc., St.
Louis, Missouri. The pesticide-involved'was TQM^BQY.-BLEACH; the
1149
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charge was misbranding—lack of adequate warning or
statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,680.00.
1690.ln Re: The Piper Co., Inc., EPA Region VII, March 14,1975.
(I.F.&R. No. VII-89C, I.D. No. 112640.)
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 May 15, 1974, at The Piper Company, Inc.,
St. Louis, Missouri. The pesticide involved was PAKET BRAND
MOUSE (SEED) BAIT KILLS MICE; the charge was misbranding—
product would not be effective in killing mice when used as directed in
labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $280.00.
1691. In Re: Christy Company, Inc., EPA Region VII, March 21,
1975. (I.F.&R. No. VII-97C, I.D. No. 112739.)
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 September 14, 1974, from
Maryland Heights, Missouri, to Granite City, Illinois. The pesticide
involved was CHLOR CONCENTRATE; charges included
nonregistration and misbranding—labels bore a false or misleading
statement implying that the product was registered.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1150
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1692. In Re: Shawnee Mission Plumbing, Inc., EPA Region VII,
March 25,1975. (I.F.&R. No. VII-88C, I.D. No. 112562.)
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
September 27, 1974, from Shawnee Mission, Kansas, to Kansas City,
Missouri. The pesticide involved was ROOTINE; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1693. In Re: Industrial Chemical Laboratories, EPA Region VII,
April 11,1975. (I.F.&R. No. VII-94C, I.D. No. 112135.)
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 June 12, 1974, at Industrial Chemical
Laboratories, Inc., Omaha, Nebraska. The pesticide involved was
INDUSTRIAL D/S/D; the charge was misbranding—label did not
bear on the front panel the required signal word "Danger."
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,848.00.
1694. In Re: The Gibson-Homans Company, EPA Region VII,
April 30,1975. (I.F.&R. No. VII-101C, I.D. No. 114205.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodeffiicide 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 9, 1974, at The
Gibson-Homans Company, Des Moines, Iowa. The pesticide involved
was BLACK JACK PENTACHLOROPHENOL WOOD
PRESERVER; charges included adulteration and misbranding—
1151
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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 $3,000.00.
1695. In Re: RMC Products Company, EPA Region VII, April 30,
1975. (I.F.&R. No. VII-70C, I.D. No. 105728.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(L) and 136e(c)(l). The action pertained to the failure of the
firm to submit a pesticides annual report in a timely manner.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $200.00.
1696. In Re: G. S. Robins and Company, EPA Region VII, May 5,
1975. (I.F.&R. No. VII-71C, I.D. No. 105730.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(L) and 136e(c)(l). The action pertained to the firm's failure
to submit a pesticides annual report.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1697. In Re: Gorman Company, Inc., EPA Region VII, May 6,
1975. (I.F.&R. No. VII-104C, I.D. No. 112750.)
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 shipments made on
February 12 and June 18, 1973, from St. Louis, Missouri, to East St.
1152
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Louis, Illinois. The pesticide involved was VAPCO ACTIVATED DRY
POWDER SCALE REMOVER; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
1698. In Re: Whitmire Research Laboratories, Inc., EPA Region
VII, May 6,1975. (I.F.&R. No. VII-98C, I.D. No. 112105.)
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 May 16, 1974, at Whitmire Research
Laboratories, St. Louis, Missouri. The pesticide involved was
WHITMIRE DOG-AWAY DOG REPELLENT; the charge was mis-
branding—labels-did not.beara warning or caution statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,680.00.
1699. U.S. v. 724 one gallon jugs, more or less, of a product
labeled in part "VMI TRICHLOROFON POUR ON CATTLE
INSECTICIDE." U.S. District Court, District of Nebraska,
January 15, 1975. (I.F.&R. No. Civil 74-0-307, I.D. No.
102717.)
This was a seizure action charging the product with being in violation
of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136k(b)(3). The action pertained to a product held for distribtuion or
sale on November 4, 1974, at Economy Products Company, Inc.,
Omaha, Nebraska. The charge was that when used as directed by
the labeling, it would nevertheless cause unreasonable adverse
effects to cattle.
The Judgment Decree of Condemnation ordered destruction of the
product.
1153
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1700. U.S. v. Klix Chemical Company, Inc., U.S. District Court,
Northern District of California, Criminal No. 3732450-m-v,
December 11, 1973. (I.F.&R. No. 1360, I.D. Nos. 83857,
83910,83914, and 97541.)
This was a criminal action in which the defendant was charged in a six
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 May 21, June 11, July 20,
August 18, and October 9, 1970, from South San Francisco,
California, to North Las Vegas, Nevada, Sparks, Nevada, and
Ogden, Utah. The pesticides involved were SERV-RITE PRODUCTS
BRAND PINE-0-KLEEN, LIME-ETTE DISINFECTANT
BACTERICIDE GERMICIDE and KLIX PINE ODOR 5 DIS-
INFECTANT; the charge was misbranding—labels bore false or mis-
leading statements.
The defendant entered a plea of nolo contendere.
A fine of $200 was levied.
1154
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Index to Notices of Judgment 1651-1700
NJ. No.
Anderson-Stolz Corporation (Civil) 1688
Auto-Chlor of Jackson (Civil) 1667
Barry Martin Pharmaceuticals, Inc.
(Civil) 1663
Berrien Products Co., Inc. (Civil) 1661
Biocerta Corporation, Inc. (Civil) 1653
Biocerta Corporation, Inc. (Civil) 1654
Biocerta Corporation, Inc. (Civil) 1655
Black Leaf Products Company (Criminal) 1678
Christy Company, Inc. (Civil) 1691
Ciba-Geigy Corporation (Civil) 1665
Cooper USA, Inc. (Criminal) 1679
Diversey Corporation, The (Criminal) 1683
Federal Chemical Co. (Civil) 1657
G. S. Robins and Company (Civil) 1696
Carman Company, Inc. (Civil) 1697
Gibson-Homans Company, The (Civil) 1694
Gulf States Chemical Company (Civil) 1664
H. & S. Equipment and Supply Co., Inc.
(Civil) 1668
H. Clay Glover, Inc. (Civil) 1656
Hopkins Agricultural Chemical Company,
Inc. (Criminal) 1682
Hysan Products Company, A Corporation,
Henry J. Brownstein, Joel Brownstein
and Brian Brownstein (Criminal) 1681
Industrial Chemical Laboratories (Civil) 1693
J. J. Dill Company (Civil) 1674
Kenco Chemical & Manufacturing Company,
Inc. (Civil) 1662
Khx Chemical Company, Inc. (Criminal) 1700
Liquid Carbonic Corporation (Criminal) 1675
McGraw-Edison Company, Inc. (Civil) 1671
Metallic Coating Company Division of
James B. Day & Company (Civil) 1672
Nicole Dorea, Inc. (Civil) 1660
Oil Specialties & Refining Co., Inc.
1155
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(Civil) 1658
Pioneer Manufacturing Company, The
(Civil) 1673
Piper Co., Inc., The (Civil) 1690
Plainsman Agricultural Chemicals (Civil) 1685
Plunkett Chemical Company (Civil) 1670
Poly Chem, Inc. (Criminal) 1687
RMC Products Company (Civil) 1695
Riverdale Chemical Company (Criminal) 1676
Ro-Pak Manufacturing, Ltd. (Civil) 1652
Saginaw Feed Co. Div., Internal'1
Multi Foods Corp. (Civil) 1686
Shawnee Mission Plumbing, Inc. (Civil) 1692
Stanley Home Products, Inc. (Civil) 1651
Stoner's Ink (Civil) 1659
Swift Agricultural Chemicals Corp,
(Civil) 1669
Thuron Industries, Inc. (Civil) 1684
Time Chemicals, Inc. (Criminal) 1677
Tom-Boy, Inc. (Civil) 1689
VMI Trichlorofon Pour On Cattle
Insecticide (Seizure) 1699
Walton-March, Inc. (Criminal) 1680
Whitmire Research Laboratories, Inc.
(Civil) 1698
Zep Manufacturing Company, A Division of
National Service Industries (Civil) 1666
1156
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