N. J., I.F.R. 1801-1850 Issued September 1976
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT
OFFICE OF GENERAL ENFORCEMENT
PESTICIDES AND TOXIC SUBSTANCES
ENFORCEMENT DIVISION
NOTICES OF JUDGMENT UNDER THE FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Nos. 1801-1850
Notices of Judgment report coses 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).
Stanley w. Legro
Assistant Administrator for
Enforcement
Washington, D.C.
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1801. In Re: Boston Chemical Industries, Inc., EPA Region
October 14,1975. (I.F.&R. No. I-19C, I.D. No. 88991.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135ala)(l); 135b; 136i(a)(l)(E); 136(q)(l)lA); and 136(q)t2HQ(iii). The
action pertained to a product held for distribution or sale on January
21, 1974, at Boston Chemical Industries, Inc., Boston, Massachusetts.
The pesticide involved was STETCO PYNOL DISINFECTANT;
charges included nonregistration and misbranding—lack of
statement of net content, product ineffective when used as directed
and labels bore a false and misleading registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a penalty of $4,350.00. Of this, $2,500.00 was ordered to
be paid within 20 days. The balance was held in abeyance as follows:
The respondent will implement a described quality control program.
Within six months the respondent will report the status of the program
and explain any deviations from the terms of the Final Order. The
Regional Administrator, based on the report and any inspections, will
make a finding as to whether the respondent is in substantial
compliance with the Final Order. If so, payment of the balance of the
penalty will be waived.
1802. U.S. v. Paulsboro Products, Inc., U.S. District Court,
District of Connecticut, Criminal No. B-75-7, November 3,
1975. (I.F.&R. No. l-C-12, I.D. Nos. 67665, 85625, 69481,
69528 and 74965.)
This was a criminal action prepared by EPA Region I charging the
defendant in a thirteen count information with violating the Federal
Insecticide, Fungicide, and Radenticide Act, 7 U.S.C. 135a(a)(5);
135(zKD; 135a(a)(l) and 136j(a)(l)(E). The action pertained to
shipments made on January 26, 1971; March 4, 1971; January 21,
1972; June 22, 1972; and January 24, 1973, from Bridgeport,
Connecticut, to Providence, Rhode Island; Carlstadt, New Jersey;
Baltimore, Maryland; Dedham, Massachusetts; and Providence,
Rhode Island. The pesticides involved were MODERN LIVING ROSE
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AND FLOWER SPRAY; AIRKEM ASEPTICARE DISINFECTANT
ODOR COUNTERACTANT SPRAY; WEST AIR REFRESHER; and
MODERN LIVING ANT AND ROACH KILLER; charges included
nonregistration, adulteration and misbranding—strength or purity
fell below the professed standard of quality as expressed on its
labeling, product was ineffective when used as directed, lack of
adequate directions for use, lack of ingredient statement, labels bore
false or misleading registration number, and labels bore false or
misleading safety claims.
The defendant entered a plea of nolo contendere to counts 1 and 2.
The remaining counts were dismissed.
A fine of $400.00 was levied.
1803. In Re: Ortex Products, Inc., EPA Region II, August 25,
1975. (I.F.&R. No. H-72C, I.D. Nos. 109451 and 118406.)
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 shipments made on August 23, and September 18, 1974, from
Newark, New Jersey, to Philadelphia, Pennsylvania, and Hicksville,
New York. The pesticides involved were WINTERIZING TABLETS,
WINTERIZING POWDER and POOL STAY. WINTERIZER;
charges included nonregistration and misbranding—lack of
adequate ingredient statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $7,500.00.
1804. In Re: Brewer Chemical Co., EPA Region II, September 26,
1975. (I.F.&R No. H-96C, I.D. No. 117401.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(1); I35b; 136j(a)(l)(E) and 136(q)(l)(G). The pesticide
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involved was ALTO SAN HCX PORTABLE SANITATION
DEODORANT; charges included nonregistration and misbranding—
lacked adequate warning or caution statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $200.00.
1805. In Re: Adelphi Industries, EPA Region II, November 24,
1975. (I.F.&R. No. II-91C, I.D. No. 107913.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135b;
136j(a)(l)(E) and 136(q)(l)(G). The action pertained to a shipment
made on May 13, 1975, from Carlstadt, New Jersey, to Patchogue,
New York. The pesticide involved was MARINE FINISHES ANTI-
FOULING RED BOTTOM COPPER; charges included
nonregistration and misbranding—lack of adequate warning or
caution statement.
The respondent signed a Consent Agreement, admitting guilt. Zero
penalty was assessed since the firm has been liquidated.
1806. In Re: Lethelin Products Co., Inc., EPA Region II,
November 26,1975. (I.F.&R No. II-79C, I.D. No. 119237.)
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)(3). The action pertained to a
shipment made on March 22, 1974, from Mount Vernon, New York,
to Cromwell, Connecticut. The pesticide involved was LILLY'S ANT
TRAP WITH KEPONE; 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 $400.00.
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1807. U.S. v. Blue Spruce Company, Inc., U.S. District Court,
Newark, New Jersey, Criminal No. 74-387, October 15,
1975. (I.F.&R No. II-5-P, I.D. No. 95989.)
This was a criminal action prepared by EPA Region II charging the
defendant in a five count information with violating the Federal
Insecticide, Fungicide, and Rodenticide Act, 1 U.S.C. 135a(o)(l);
135a(a)(2)(c) and 135a(a)(5). The action pertained to a shipment
made on September 8, 1971, from Basking Ridge, New Jersey, to
Caribou, Maine. The pesticide involved was CHEMOX GENERAL
WEED KILLER; charges included nonregistration and misbranding.
The defendant entered a plea of guilty to counts 1 and 4. The
remaining counts were dismissed.
A fine of $ 1,000.00 was levied.
1808. In Re: Pittsburgh Sanitary Chemical Co., EPA Region III,
October 28,1975. (I.F.&R. No. III-75C, I.D. No. 109737.)
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 October 23, 1974, at
Pittsburgh Sanitary Chemical Co., Pittsburgh, Pennsylvania. The
pesticide involved was GERM-O-CIDE; 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 $700.00.
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1809. In Re: Canton Chemical Company, EPA Region IV, August
11, 1975. (I.F.&R. No. IV-III-C, I.D. Nos. 116464 and
116348.)
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
April 9, 1973, and April 18, 1974, from Canton, North Carolina, to
Spartanburg, South Carolina, and Centre, Alabama. The pesticides
involved were SOUTHERN PINE INSECTICIDE CHLORDANE "72"
CONCENTRATE and SOUTHERN PINE COPPER NAPHTHENATE
WOOD PRESERVATIVE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $595.00.
1810. In Re: American Cyanamid Co., EPA Region IV,
September 16, 1975. (I.F.&R. No. IV-137C, I.D. No.
110963.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136i(a)(lJ(E); 136(q)(lKG); 136(q)(2)(AJ; 136(q)(2}(C)(iv); 136(c)(l) and
136(q)(l)(D). The action pertained to a product held for distribution or
sale on March 21, 1975, at American Cyanamid Co., Charlotte,
North Carolina. The pesticide involved was AEROTEX PURIFYING
AGENT NO. 1; the charge was misbranding—lack of adequate
warning or caution statement, ingredient statement, assigned
registration number, name and address of manufacturer, and
assigned establishment number on labels or containers.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,600.00.
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1811. In Re: Control Products Associated, EPA Region IV,
October 17,1975. (I.F.&R. No. IV-132-C, I.D. No. 110854.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(G). The action pertained to a product used on September
30, 1974, at Control Products Associated, Moultrie, Florida. The
pesticide involved was SHELL TECHNICAL DIELDRIN; the charge
was using a pesticide in a manner inconsistent with its labeling.
The Final Order Upon Default assessed a civil penalty of $120.00.
1812. In Re: Chemical Processors, Inc., EPA Region IV, October
23,1975. (I.F.&R. No. IV-146-C, I.D. No. 116425.)
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)(D). The action pertained to a product held
for distribution or sale on January 20, 1975, at Chemical Processors,
Inc., St. Petersburg, Florida. The pesticide involved was DUAL MP 10
MILDEW AND MOTH GAS; the charge was misbranding—lack of
adequate warning or caution statement and lack of the assigned
establishment registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
1813. In Re: Howerton Gowen Chemicals, Inc, EPA Region IV,
October 23,1975. (I.F.&R. No. IV-145-C, I.D. No. 117056.)
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
May 6th or 7th, 1975, from Roanoke Rapids, North Carolina, to
Emporia, Virginia. The pesticide involved was GOWEN'S LIQUID
CHLORINE; the charge was nonregistration.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,800.00.
1814. In Re: Puritan Chemical Company, EPA Region IV,
November 11, 1975. (I.F.&R. No. IV-149-C, I.D. No.
110161.)
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)(D). The action pertained to a
product held for distribution or sale on January 9, 1975, at Puritan
Chemical Co., Atlanta, Georgia. The pesticide involved was PURI-
MIST SANITIZING FLOOR AND DUST MOP TREATMENT; the
charge was misbranding—lack of required precautionary statements
and lack of assigned establishment registration number on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $840.00.
1815. In Re: Weil Chemical Co., EPA Region IV, November 19,
1975. (I.F.&R. No. IV-153-C, I.D. No. 110981.)
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 (c)(l). The action pertained to a product held for
distribution or sale on June 4, 1975, at Weil Chemical Company,
Memphis, Tennessee. The pesticide involved was WS FOGGING
CONCENTRATE; the charge was adulteration—product was
chemically deficient.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $360.00.
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1816. In Re: Champion International Corporation, EPA Region
V, April 11, 1975. (I.F.&R. No. V-214C, I.D. Nos. 115415,
115416 and 115419.)
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)(F) and 136(q)( 1 )(G). The action
pertained to products held for distribution or sale on April 8, 1974, at
Champion International Corporation, Kalamazoo, Michigan. The
pesticides involved were U.S. PLYWOOD MARINE WOODLIFE
and two products known as WELDWOOD PENTA
CHLOROPHENOL WOOD PRESERVATIVE; the charge was
misbranding—inadequate directions for use, and inadequate
warning or caution statements.
The Final Order Upon Default assessed a civil penalty of $7,560.00.
1817. In Re: Jay Rodgers Company, EPA Region V, July 22,
1975. (I.F.&R No. V-221C, I.D. No. 115409.)
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(c)(1) and 136(q)(l)(A). The action pertained
to a product held for distribution or sale on March 6, 1974, at Jay
Rodgers Co., Detroit, Michigan. The pesticide involved was JAY
RODGERS INSECTICIDE AND REPELLENT; charges included
adulteration and misbranding—strength or purity of the product fell
below the professed standard of quality and the labels bore a false
registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $750.00.
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1818. In Re: Koboy Ammonia Products, Inc., EPA Region V, July
21,1975. (I.F.&R. No. V-238C, I.D. No. 115955.)
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(c)(l); 136(q)(l)(A) and 136(q)(l)(G). The
action pertained to a product held for distribution or sale on August
20, 1974, at Koboy Ammonia Products, Inc., Skokie, Illinois. The
pesticide involved was KAPCO SANITIZOR; charges included
adulteration and misbranding—strength or purity of product fell
below the professed standard of quality, inadequate warning or
caution statements and labels bore false or misleading safety claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $270.00.
1819. In Re: Koos, Inc., EPA Region V, July 22,1975. (I.F.&R No.
V-217C, I.D. No. 106307.)
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
to a shipment made on March 6, 1973, from Kenosha, Wisconsin, to
Lincolnwood, Illinois. The pesticide involved was AGRO-CHEM
GROW AND CONTROL 18-4-8 WITH CRABGRASS
PREVENTER; charges included adulteration and misbranding—
strength or purity of product 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 $2,408.00.
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1820. In Re: Conwoy Soap Products Company, EPA Region V,
August 4,1975. (I.F.&R. No. V-232C, I.D. No. 114977.)
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)(1)(E) and 136(q)(l)(F). The action pertained to a
product held for distribution or sale on May 22, 1974, at Conway
Soap Products Co., Chicago, Illinois. The pesticide involved was
CONWAY PINE DISINFECTANT; the charge was misbranding—
inadequate directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1821. In Re: Berman Chemical Co., EPA Region V, August 8,
1975. (I.F.&R. No. V-245C, I.D. No. 111127.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 135a(a)(1); 135b; 136j(a)(l)(E) and 136(q)(2)(A). The action
pertained to a shipment made on September 3, 1974, from Toledo,
Ohio, to Phoenix, Arizona. The pesticide involved was BULL FROG
SAF-T-KLENZ; charges included nonregistration and misbranding—
label of product did not bear an ingredient statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $480.00.
1822. In Re: Babson Brothers Company, EPA Region V, August
12,1975. (I.F.&R. No. V-247C, I.D. No. 115836.)
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) and 136(q)(l)(G). The action pertained to a
product held for distribution or sale on September 11, 1974, at
Babson Brothers Company, Oak Brook, Illinois. The pesticide involved
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was SURGE K.O. DYNE IODINE DETERGENT; the charge was
misbronding—inadequate warning or caution statements.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,156.00.
1823. In Re: Cincinnati Milacron Chemicals, Inc., EPA Region V,
August 20,1975. (I.F.&R. No. V-206C, I.D. No. 87361.)
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) and 136(q)(l)(G). The action pertained to a
product held for distribution or sale on July 17, 1973, at Cincinnati
Milacron Chemicals, Inc., Reading Ohio. The pesticide involved was
CAR-BAN T-O BIOSTAT; the charge was misbranding—
inadequate warning or caution statements.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,512.00.
1824. In Re: N.B. Purdy, Inc., EPA Region V, August 20, 1975.
(I.F.&R. No. V-242C, I.D. No. 115925.)
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(c)(l) and 136(q)(l)(A). The action pertained
to a product held for distribution or sale on November 12, 1974, at
N.B. Purdy, Inc., Wauconda, Illinois. The pesticide involved was
STERA-SHEEN SANITIZER AND CLEANER NO. 2; charges
included adulteration and misbranding—strength or purity of product
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 $765.00.
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1825. In Re: Arnott Exterminators, Inc., EPA Region V,
September 5r 1975. (I.F.&R. No. V-225C, I.D. No. 86990.)
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) and 136(q)(l)(A). The action pertained to a
shipment made on March 8, 1973, from Indianapolis, Indiana, to
Florence, Kentucky. The pesticide involved was ARNCO POISON P-
NUTS; the charge was adulteration—product contained an
additional active ingredient not claimed on the label.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $462.00.
1826. In Re: Dorex, Inc., EPA Region V, September 5, 1975.
(I.F.&R. No. V-228C, I.D. No. 115056.
This was a civil action in which the respondent was charged 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 June 20, 1974, from Frankfort,
Illinois, to Madison, Wisconsin. The pesticide involved was NO. 203
BEER CLEANER SANITIZER; 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 $1,560.00.
1827. In Re: Good-Way Insecticide, Inc., EPA Region V,
September 7,1975. (I.F.&R. No. V-222C, I.D. No. 92249.)
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) and 136(q)(l)(A). The action pertained to a
product held for distribution or sale on February 5, 1974, at Good-
Way Insecticide, Inc., Arlington Heights, Illinois. The pesticide
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involved was GOOD-WAY INSECT KILLER; charges included
adulteration and misbranding—strength or purity of the product 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 $270.00.
1828. In Re: Bell Laboratories, Inc., EPA Region V, September
15, 1975. (I.F.&R. No. V-246C, I.D. Nos. 116017, 116018
and 116019.)
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)(1)(E). The action pertained to products held for
distribution or sale on November 20, 1975, at Bell Laboratories, Inc.,
Madison, Wisconsin. The pesticides involved were RODENT CAKE
CHOCOLATE FLAVOR, RODENT CAKE FISH FLAVOR and
RODENT CAKE PEANUT FLAVOR; the charge was misbranding—
products were not effective when used as directed.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1829. In Re: Haviland Agricultural Chemicals Co., EPA Region
V, September 15, 1975. (I.F.&R. No. V-230C, I.D. Nos.
115366,115367,115368, and 115370.)
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(c)(l); 136(q)[l)(G); 136(q)(2)(C); and
136(q)(l)(F). The action pertained to products held for distribution or
sale on August 14, 1974, at Haviland Agricultural Chemicals Co.,
Grand Rapids, Michigan. The pesticides involved were
MALATHION DUST NO. 5, CHLORDANE EMULSIFIABLE
CONCENTRATE 8-E, ROTENONE DUST NO. 100 and
CHLORDANE DUST NO. 5; charges included adulteration and
misbranding—strength or purity fell below the professed standard of
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quality as expressed on its labeling, lack of adequate warning or
caution statement, lack of assigned registration number and lack of
adequate directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,320.00.
1830. In Re: Mid Stale Chemical and Supply Corp., EPA Region
V, September 17, 1975. (I.F.&R No. V-212C, I.D. No.
116545.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136a(a)(l); 136j(a)(l)(E) and 136(q)(l)(G). The action
pertained to shipments made on May 9 and 23, 1974, from
Indianapolis, Indiana, to Louisville, Kentucky. The pesticide involved
was HY-CLOR SODIUM HYPOCHLORITE, charges included
nonregistration and misbranding—inadequate warning or caution
statements on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $726.00.
1831. In Re: Vita Plus Corporation, EPA Region V, September
18,1975. (I.F.&R. No. V-205C, I.D. No. 115149.)
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) and 136(q)(l)(F). The action pertained to a
product held for distribution or sale on April 3, 1974, at Vita Plus
Corporation, Madison, Wisconsin. The pesticide involved was VITA
PLUS MANGE WET TREATMENT; the charge was misbranding—
inadequate directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $792.00.
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1832. In Re: Northern Instruments, Inc., EPA Region V,
September 23, 1975. (I.F.&R. No. V-216C, I.D. No.
117290.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C 135a(a)(l); 136j(a)(l)(E); 136(q)(l)(G); 136(q)(2)(A);
136(q](2)(C) and 136(q)(l)(A). The action pertained to a shipment
made on February 27, 1973, from St. Paul, Minnesota, to Harrisburg,
Pennsylvania. The pesticide involved was STOR-SAFE SPORTS
GEAR PROTECTION; charges included nonregistration and
misbranding—lack of adequate warning or caution statements,
ingredient statement and net content statement and label bore false
or misleading safety claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
1833. In Re: Enterprise Paint Manufacturing Co., EPA Region V,
September 26,1975. (I.F.&R. No. V-087C, I.D. Nos. 112603
and 112604.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 135a(a)(l); 135b; 136j(a)(l)(E) and 136(q){3](G). The action
pertained to a shipment made on March 10, 1974, from Chicago,
Illinois, to Norfolk, Nebraska. The pesticides involved were PENN
CRAFT GUARANTEED 8 YEARS ONE COAT and PENN CRAFT
GUARANTEED 5 YEARS ONE COAT; charges included
nonregistration and misbranding—lack of adequate warning or
caution statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
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1834. In Re: Univar Corporation, EPA Region V, October 6,
1975. (I.F.&R. No. V-213C, I.D. No. 115228.)
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
to a product held for distribution or sale on May 13, 1974, at Lyon
Chemicals, Inc., Branch of Van Waters and Rogers Division of Univar
Corporation, St. Paul, Minnesota. The pesticide involved was LYON
SWIMMING POOL ALGAECIDE; charges included misbranding
and adulteration—strength or purity of the product fell below the
professed standard of quality and labels bore a false registration
number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1800.00.
1835. In Re: Applied Biochemists, Inc., EPA Region V, October
7,1975. (I.F.&R No. V-208C, I.D. No. 115054.)
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) and 136(q)(l)(A). The action pertained to a
product held for distribution or sale on February 27, 1974, at Applied
Biochemists, Inc., Mequon, Wisconsin. The pesticide involved was
SWIMTRINE ALGAECIDE; the charge was misbranding—labels
bore false or misleading safety claims.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
1836. In Re: Kyanize Paints, Inc., EPA Region Vr October 22,
1975. (I.F.&R. No. V-240C, I.D. No. 116234.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 135a(a)(l). The action pertained to a shipment made on
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August 29, 1974, from Springfield, Illinois, to Morris, Minnesota. The
pesticide involved was KYANIZE LATEX REDWOOD FINISH; the
charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,920.00.
1837. In Re: Burgress Vibrocrafters, Inc., EPA Region V,
October 28, 1975. (I.F.&R. No. V-234C, I.D. Nos. 115167,
115175 and 115188.)
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); 136j(a)(2)(l); 136(q)(l)(G); 136(q)(l)(A) and
136(c)(lJ. The action pertained to products held for distribution or
sale on June 21, 1974, at Burgress Vibrocrafters, Inc., Libertyville,
Illinois. The pesticides involved were 7-11 ANT POISON, CENOL
BEE WASP YELLOW JACKET HORNET KILLER and CENOL
POISONED WHEAT; charges included violation of a Stop Sale, Use
or Removal Order, adulteration and misbranding—strength or purity
fell below the professed standard of quality as expressed on its
labeling, product ineffective for purposes claimed and lack of
adequate warning or caution statements on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,552.00.
1838. In Re: Action Athletic Equipment, Inc., EPA Region V,
October 31,1975. (I.F.&R. No. II-244C, I.D. No. 116061.)
This was a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 135a(aJ(l); 135b; 136j(a)(l)(E); 136(q)(l)(G); and 136(q)(2)(C).
The action pertained to a shipment made on December 18,
1974,from Rockford, Illinois, to Cudahy, Wisconsin. The pesticide
involved was MAT-SAN DISINFECTANT CLEANER; charges
included nonregistration and misbranding—inadequate warning or
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caution statements, lack of net content statement or measure of
content and lack of an ingredient statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $925.00.
1839. In Re: Thompson-Hay ward Chemical Co., EPA Region VII,
September 30, 1975. (I.F.&R. No. VII-127C, I.D. Nos. 112427,
112438,112439,112445, and 114618.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136(q)(2)(D); 136(q)(l)(F); 135a(a)(l); 136j(a)(l)(E) and 136[q){l)(G).
The action pertained to a shipment made on or about April 18, 1974,
from Kansas City, Kansas, to Holden, Missouri, and to products held
for distribution or sale on September 3 and 4, 1974, at Thompson
Hayward Chemical Company, Kansas City, Kansas. The pesticides
involved were DED-WEED LV-69, MERGE 823, DED-WEED FOR
LAWNS, SUPER FUMIGAS, and DED-WEED LV-9 BRUSH KIL; the
charge was misbranding—lack of adequate warning or caution
statements and lack of adequate directions for use on labels.
The respondent signed a Consent Agreement. The Final Order
assessed o civil penalty of $ 12,108.00.
1840. In Re: Western Chemical Co., EPA Region VII, September
30,1975. (I.F.&R. No. VIM41-C, I.D. No. 114571.)
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 January 29, 1975, at Western Chemical
Co., St. Joseph, Missouri. The pesticide involved was HERCULITE
DISINFECTANT, DETERGENT, AND CLEANER; the charge was
misbranding—lack of warning or caution statement on labels.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,848.00.
1841. In Re: Airosol Company, Inc., EPA Region VII, October 8,
1975. (I.F.&R. No. VIM42C, I.D. No. 125374.)
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 actfon pertained to a shipment
made on or about May 22, 1975, from Neodesha, Kansas, to
Madison, Wisconsin. The pesticide involved was AIROSOL BRAND
INSECT REPELLENT SPRAY; the charge was misbranding—lack of
adequate precautionary statements on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $800.00.
1842. In Re: Basic Chemicals, Inc., EPA Region VII, October 14,
1975. (I.F.&R. No. VM-103C, I.D. No. 115249.)
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(q)(l)(F). The action pertained to a
shipment made on May 3, 1974, from Des Moines, Iowa, to
Moorhead, Minnesota. The pesticide involved was SAN-O-DIS;
charges included claims differed in substance from the
representations made in connection with its registration and
misbranding—lack of adequate directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
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1843. In Re: Navy Brand Mfg. Co., EPA Region VII, October 14,
1975. (I.F.&R. No. VII-139C, I.D. No. 114587.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Radenticide Act, 7 U.S.C.
135a(a)(l) and 135b. The action pertained to a shipment made on
February 6, 1975, from St. Louis, Missouri, to Leewood, Kansas. The
pesticide involved was ROOT-OUT; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,500.00.
1844. In Re: Vulcan Materials Co., Chemicals Division, EPA
Region VII, October 22, 1975. (I.F.&R. No. VII-148C, I.D.
No. 114440.)
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)(F). The action pertained to a shipment
made on March 20, 1975, from Wichita, Kansas, to St. Louis,
Missouri. The pesticide involved was LIQUID CHLORINE; the charge
was misbranding—labeling lacked directions for use adequate to
protect health and the environment.
The civil complaint was withdrawn after it was determined that the
required labeling was located in the dome of the tank car.
1845. In Re: Consolidated Chemical, Inc., EPA Region VII,
October 28, 1975. (I.F.&R. No. VII-133C, I.D. Nos. 114443 and
119297.)
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)(A); and 136(c)(l). The action
pertained to shipments made on October 23, 1974, and May 30,
1975, from St. Louis, Missouri, to Ellsworth, Maine, and Godfrey,
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Illinois. The pesticides involved were RENOVET and GERMO-
PHENE; charges included nonregistration, claims differed in
substance from the representations made in connection with its
registration, 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 $2,700.00.
1846. U.S. v. 1312 eleven oz. cans, more or less, of a product
labeled in part "Real Kill Moth Proofer." U.S. District
Court, Western District of Missouri, May 14,1975. (I.F.&R.
No. 74 CV 493-W-4,1.D. No. 112659.)
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); 136k(b)(l)(B) and 136k(b)(3). The action pertained to a
product held for distribution or sale on March 15, 1974, at Wild
Woody's Bargain Barn, Independence, Missouri. The charge was
misbranding—when used as directed by the labeling it would cause
unreasonable adverse effects on the environment.
The Default Judgement Decree ordered destruction of the seized
product.
1847. In Re: Thatcher Chemical Co., EPA Region VIII, April 18,
1975. (I.F.&R. No. VIII-6C, I.D. Nos. 101913, 101914 and
101915.)
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 August 21,1973, at Thatcher Chemical Co.,
Salt Lake City, Utah. The pesticide involved was T-CHLOR SODIUM
HYPOCHLORITE; the charge was misbranding—lack of adequate
warning or caution statements on labels.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,540.00.
1848. In Re: Fuller-O'Brien Corp., EPA Region IX, September 5,
1975. (I.F.&R. No. IX-50C, I.D. Nos. 74878 and 74879.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(1)(C) and 136j(a)(l)(E). The action pertained to products held
for distribution or sale on July 24, 1973, at Fuller-O'Brien Corp.,
South San Francisco, California. The pesticides involved were
309-04 OFF WHITE MILDEW RESISTANT ACRYLIC LAYTEX
FINISH and 314-00 WHITE MILDEW RESISTANT LAYTEX
ENAMEL; charges included claims and directions for use differed in
substance from the respresentations made in connection with its
registration, adulteration and misbranding—strength or purity fell
below the professed standard of quality as expressed on its labeling
and lack of adequate warning or caution statements.
The Final Order Upon Default assessed a civil penalty of $3,650.00.
1849. In Re: Honey Bee Enterprises, EPA Region X, September
11,1975. (I.F.&R. No. X-23C, I.D. No. 106693.)
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 product held for distribution or
sole on October 17, 1974, at Honey Bee Enterprises, Battleground,
Washington. The pesticide involved was MOLEX; charges included
adulteration and misbranding—strength or purity fell below the
professed standard of quality as expressed on its labeling.
The Final Order Issued Upon Default assessed a civil penalty of
$280.00.
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1850. In Re: S. V. Chemical Division of Universal Industries,
Inc., EPA Region X, October 25,1975. (I.F.&R. No. X-25C,
I.D.Nos. 113501,113502 and 113503.)
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 products held for distribution or
sale on November 21, 1974, at S. V. Chemical Division of Universal
Industries, Inc., Tacoma, Washington. The pesticides involved were
HI-KLOR, SANI-QUAT, and STERISOL, charges included
adulteration and misbranding in that the product's strength or purity
fell below the standard of quality as expressed on its label.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,530.00.
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Index to Notices of Judgment 1801 - 1850
N.J. No.
Action Athletic Equipment,
Inc. (Civil) 1838
Adelphi Industries
(Civil) 1805
Airosol Company, Inc.
(Civil) 1841
American Cyanamid
Company (Civil) 1810
Applied Biochemists,
Inc. (Civil) 1835
Arnott Exterminators,
Inc. (Civil) 1825
Babson Brothers Company
(Civil) 1822
Basic Chemicals,
Inc. (Civil) 1842
Bell Laboratories, Inc.
(Civil) 1828
Berman Chemical Company
(Civil) 1821
Blue Spruce Company,
Inc. (Criminal) 1807
Boston Chemical Industries,
Inc. (Civil) 1801
Brewer Chemical Co.
(Civil) 1804
Burgress Vibrocrafters,
Inc. (Civil) 1837
Canton Chemical Company
(Civil) 1809
Champion International
Corporation (Civil) 1816
Chemical Processors,
Inc. (Civil) 1812
Cincinnati Milacron Chemicals,
Inc. (Civil) 1823
Consolidated Chemical,
1231
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Inc. (Civil) 1845
Control Products Associated
(Civil) 1811
Conway Soap Products Company
(Civil) 1820
Dorex, Inc. (Civil} 1826
Enterprise Paint Manufacturing
Company (Civil) 1833
Fuller-O'Brien Corporation
(civil) 1848
Good-Way Insecticide,
Inc. (Civil) 1827
Haviland Agricultural Chemicals
Company (Civil) 1829
Honey Bee Enterprises
(Civil) 1849
Howerton Gowen Chemicals,
Inc. (Civil) 1813
Jay Rodgers Company (Civil) 1817
Koboy Ammonia Products,
Inc. (Civil) 1818
Koos, Inc. (Civil) 1819
Kyanize Paints, Inc. (Civil) 1836
Lethelin Products Co.,
Inc. (Civil) 1806
Mid-State Chemical and Supply
Corp. (Civil) 1830
N.B. Purdy, Inc. (Civil) 1824
Navy Brand Mfg. Company (Civil) 1843
Northern Instruments,
Inc. (Civil) 1832
Ortex Products, Inc. (Civil) 1803
Paulsboro Products, Inc. (Criminal) 1802
Pittsburgh Sanitary Chemical
Co. (Civil) 1808
Puritan Chemical Company (Civil) 1814
Real Kill Moth Proofer (Seizure) 1846
S.V. Chemical Division of Universal
Industries, Inc. (Civil) 1850
Thatcher Chemical Co. (Civil) 1847
Thompson-Hayward Chemical
Company (Civil) 1839
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Univor Corporation (Civil) 1834
Vita Plus Corporation (Civil) 1831
Vulcan Materials Company, Chemicals
Division (Civil) 1844
Weil Chemical Company (Civil) 1815
Western Chemical Company (Civil) 1840
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