N.J., I.F.R. 1851-1900 Issued October 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. 1851-1900
Notices of Judgment report cases involving seizure actions
taken against products alleged to be in violation, and criminal and
civil actions taken against firms or individuals charged to be
responsible for violations. The following Notices of Judgment are
approved for publication as provided in Section 16(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C.
136n).
Stanley W. Legro
Assistant Administrator for
Enforcement
Washington, D.C.
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1851. In Re: Trio Chemical Works, Inc., EPA Region II,
Ncvember 19, 1975. (I.F.ftR. No. II-67C, I.D. Nos. 117823
and 118428.)
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
June 6 and October 1, 1974, from Brooklyn, New York, to Irvington,
New Jersey. The pesticide involved was AMAZON CREOSOTE OIL;
the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $>, 100.00.
1852. In Re: Trio Chemical Works, Inc., EPA Region II,
November 19, 1975. (I.F.&R. No. II-74C, I.D. No. 116035.)
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); 136(c)(1) and 136(c){2). The action
pertained to a shipment made on December 5, 1974, from Brooklyn,
New York, to Chicago, Illinois. The pesticide involved was
INSECTICIDE, AEROSOL, SYNERGIZED PYRETHRIN; charges
included misbranding and adulteration—its strength or purity fell
below the professed standard of quality as expressed on its labeling
and the product contained an additional active ingredient not named
on the label.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,400.00.
1853. In Re: Hollowick, Inc., EPA Region II, November 24,1975.
(I.F.&R. No. II-89C, I.D. No. 110436.)
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)(1)(G). The action pertained
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to a shipment made on July 30, 1974, from Manlius, New York, to
Altanta, Georgia. The pesticide involved was HOLLOWICK LAMP
FUEL; 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 $950.00.
1854. In Re: Ernesto S. Barbosa, EPA Region II, December 8,
1975. (I.F.&R. No. II-71C, I.D. No. 118890.)
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 136j(a)(l)(E). The action pertained to shipments made
during the period January 1973 to December 1974, from Passaic,
New Jersey, to New York, New York. The pesticide involved was
PARATHION; charges included nonregistration and misbranding—
lack of any warning or caution statement, ingredient statement, net
content statement and name and address of the producer or
distributor.
The respondent signed a Consent Agreement stipulating to no further
distribution of unregistered pesticides. No civil penalty was assessed
due to the financial condition of the respondent.
1855. In Re: Eastern Laboratories, Inc., EPA Region II,
December 16,1975. (I.F.&R. No. II-48C, I.D. No. 94499.)
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 136j(a)(l)(E). The action pertained to a shipment made
on September 25, 1973, from Vineland, New Jersey, to Minneapolis,
Minnesota. The pesticide involved was EASTERN LIQUID
SANITIZER CLEANER FOR WASHING SOILED EGGS; charges
included nonregistration and misbranding—labels bore a false or
misleading registration number implying that the product was
registered.
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The respondent signed a Consent Agreement. The Final Order forbids
the shipment of nonregistered pesticides, but did not assess a civil
penalty due to the firm's inability to pay.
1856. In Re: Rover Pet Products, EPA Region II, December 24,
1975. (I.F.&R. No. 3I-100C, I.D. No. 118093.)
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
product held for distribution or sale on July 23, 1974, at Rover Pet
Products, Belleville, New Jersey. The pesticide involved was
ROVER'S DOG SHAMPOO; 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 $750.00.
1857. In Re: Dore-lnternational, Inc., EPA Region II, January 2,
1976. (I.F.&R. No. II-88C, I.D. No. 107722.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E)and 136(q)(l)(G). The action pertained
to a shipment made on February 6, 1975, from Brooklyn, New York,
to Totowaboro, New Jersey. The pesticide involved was DORE-
CHLOR; charges included nonregistration 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 $850.00.
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1858. In Re: Zee Chemical Co., Inc., EPA Region llr January 2,
1976. (I.F.&R. No. II-86C, I.D. No. 118041.)
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) and 136(q)(2)(C)(v). The action
pertained to a product held for distribution or sale on April 30, 1974,
at Zoe Chemical Co., Inc., New Hyde Park, New York. The pesticide
involved was JAYGOL ROSE and FLORAL SPRAY BOMB; the
charge was misbranding—lack of adequate warning or caution
statement on labels, lack of assigned registration number on labels
and lack of adequate ingredient statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $720.00.
1859. In Re: Aquashade, EPA Region II, January 9, 1976.
(I.F.&R. No. II-99C, I.D. No. 111039.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E) and 136(q)(l)(G). The action pertained
to a shipment made on March 5, 1975, from Dobbs Ferry, New York,
to Tampa, Florida. The pesticide involved was AQUASHADE
AQUATIC GROWTH CONTROL; charges included nonregistration
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 $2f 0.00.
1860. In Re: Tenneco Chemicals, Inc., EPA Region II, January 9,
1976. (I.F.&R. No. II-106C, I.D. No. 118264.)
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); 136(c)(l) and 136(q)(l)(G). The action
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pertained to a product held for distribution or sale on July 17, 1974,
at Tenneco Chemicals, Inc., Elizabeth, New Jersey. The pesticide
involved was NUODEX 84; charges included adulteration and
misbranding—strength or purity fell below the professed standard of
quality as expressed on its labeling and labels lacked adequate
precautionary statements.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,960.00.
1861. In Re: Utility Chemical Co., EPA Region II, January 15,
1976. (I.F.& R. No. II-107C, I.D. No. 110890.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(1); 135b; 136j(a)(l)(E); 136(q)(l)(G) and 136(q)(2)(A). The
action pertained to a shipment made on February 18, 1975, from
Paterson, New Jersey, to Largo, Florida. The pesticide involved was
GERMICIDE; charges included nonregistration and misbranding—
lack of adequate precautionary statements and lack of ingredient
statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,800.00.
1862. In Re: Bixon Chemical Co., EPA Region II, January 16,
1976. (I.F.&R. No. II-84C, I.D. Nos. 118445 and 118446.)
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 26, 1974, at Bixon
Chemical Co., Corona, New York. The pesticides involved were K-
GERM DISINFECTANT and RESIDUAL INSECTICIDE
W/PYRENONE DIAZINON LIQUID; charges included adulteration
and misbranding—strength or purity fell below the proposed
standard of quality as expressed on its labeling.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,045.00.
1863. In Re: Bixon Chemical Co., EPA Region II, January 16,
1976. (I.F.&R. No. II-85C, I.D. No. 118476.)
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)(1)(A) and 136(q)(2)(Q(iii). The action
pertained to a product held for distribution or sale on January 22,
1975, at Bixon Chemical Co., Corona, New York. The pesticide
involved was PINE ODOR DISINFECTANT; charges included
adulteration and misbranding—strength or purity fell below the
professed standard of quality as expressed on its labeling, product
would not act as a disinfectant when used as directed and lack of net
content'statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,350.00.
1864. In Re: Arcal Chemicals, Inc., EPA Region III, February 13,
1976. (I.F.&R. No. III-88C, I.D. No. 117609.)
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)(G) and 136(q)(2)(C)(iii). The
action pertained to a product held for distribution or sale on April 15,
1975, at Arcal Chemicals, Inc., Seat Pleasant, Maryland. The
pesticide involved was DIXICHEM THEY-GO INSECTICIDE; the
charge was misbranding—lack of adequate caution statement, lack
of statement of net weight and labels bore a false or misleading
statement.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,000.00.
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1865. In Re: Bowman, Mell and Co., Inc., EPA Region III,
February 13,1976. (I.F.&R. No. III-87C, I.D. No. 109762.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(o)(l)(E); 136(q)(l)(A) and 136(c)(l). The action pertained to a
product held for distribution or sale on January 28, 1975, at
Bowman, Mell and Co., Inc., Harrisburg, Pennsylvania. The pesticide
involved was SODIUM HYPOCHLORITE SOLUTION; 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 $500.00.
1866. In Re: Xare Chemical Company, EPA Region IV,
December 5,1975. (I.F.&R. No. IV-150-C, I.D. Nos. 110454,
110455,110456,110192,110193, and 110194.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(1); 135b; 136j(a)(l)(E); 136(c)(l)and 136(q)(l)(A). The action
pertained to shipments made on May 20, 1974, and January 3,
February 18, January 27, and January 12, 1975, from Opa Locka,
Florida, to Newman, Georgia, and Oxford, Alabama. The pesticides
involved were 70% GRANULAR CHLORINE; EAGLE ALGICIDE;
EAGLE 5% CHLORDANE INSECTICIDE; EAGLE STABILIZED
POOL CHLORINE; EAGLE 10% CHLORDANE INSECTICIDE and
SUPER CHINCH ETHION LAWN SPRAY; charges included
nonregistration and adulteration—chemical deficiency and chemical
overformulation.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $15,000.00.
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1867. In Re: Pro-Serve, Inc., EPA Region IV, December 15,1975.
(I.F.&R. No. IV-139-C, I.D. No. 114836.)
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)(1). The action pertained to a-shipment made
on September 18, 1974, from Memphis, Tennessee, to Lubbock,
Texas. The pesticide involved was STAKILL DIURON AND
BROMACIL WEED KILLER; «the charge was adulteration-
strength or purity fell below the professed standard of quality.
After discussion with the respondent and consideration of the facts
set forth, the complaint was withdrawn.
1868. In Re: Cealin Chemicals, EPA Region IV, January 19,
1976. (I.F.&R. No. IV-152C, I.D. No. 111022.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C
136jla)( 1 )(E); 136(q)(l KQ; 136(qK2)(Q(iv); 136(qK2)(Q(m);
136(q)(2)(C)(i) and 136{q)(2)(A). The action pertained to a sale made
on May 2, 1975, to the City of Winter Park, Florida. The pesticide
involved was DUOCHLORIN; the charge was misbranding—labels
failed to bear required caution statements, requried directions for
use, ingredient statement, assigned registration number, statement of
net weight and name and address of manufacturer and the labels
bore a false safety claim.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $980.00.
1869. In Re: Southern Mill Creek Products, Inc., EPA Region IV,
February 6, 1976. (I.F.&R. No. IV-147-C, 1.9. Nos. 110668
and 110872.)
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) and 136(q)(l)(F). The action pertained to a shipment
made on May 29, 1975, from Miami, Florida, to Boca Chica, Florida,
and to a product held for distribution or sale on February 21,1975, at
Southern Mill Creek Products, Inc., Tampa, Florida. The pesticide
involved was SMCP DURSBAN .5% GRANULAR INSECTICIDE;
the charge was misbranding—labels failed to bear adequate
directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,800.00.
1870. In Re: Paxton Processing Company, Inc., EPA Region V,
November 5, 1975. (I.F.&R. No. V-014C, I.D. Nos. 94854
and 94855.)
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); 136j(a)(1)(E); 136(q)(2)[A) and 136(q)(l)(G). The
action pertained to shipments made on May 11, 1973, from Paxton,
Illinois, to Doraville, Georgia. The pesticides involved were PEL-E-
CEL and SAN-I-CEL; charges included nonregistration and
misbranding—lack of adequate precautionary statements and lack
of ingredient statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1871. In Re: Beatrice Foods Co., EPA Region V, November 13,
1975. (I.F.&R. No. V-307C, I.D. No. 108853.)
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)(G) and 136(q)(l)(F). The action
pertained to a product held for distribution or sale on January 28,
1975, at John Sexton & Co., Division of Beatrice Foods Co., Blue Ash,
Ohio. The pesticide involved was SEXTON PINE OIL
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DISINFECTANT; the charge was misbranding—lack of adequate
caution statements and lack of directions for use on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,680.00.
1872. In Re: Federal Chemical Company, EPA Region VII,
October 23,1974. (I.F.&R. No. VII-57C, I.D. No. 102673.)
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 October 1, 1973, at Federal Chemical
Company, Omaha, Nebraska. The pesticide involved was GENERAL
GREEN CRABGRASS CONTROL; the charge was misbranding—
lack of adequate warning or caution statement.
The civil complaint was withdrawn after the respondent provided
evidence that the product was adequately labeled to protect man
and the environment.
1873. In Re: The Huge Company, EPA Region VII, October 25,
1974. (I.F.&R. No. VII-54C, I.D. No. 91530.)
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 August 15, 1973, at The Huge Company,
St. Louis, Missouri. The pesticide involved was EXCELCIDE SPECIAL
FLY SPRA; the charge was misbranding—label lacked adequate
warning or caution statement and label lacked container disposal
statement.
The civil complaint was withdrawn after the respondent provided
evidence that the drum's labeling was in compliance at the time of
labeling.
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1874. In Re: Mallinckrodt Chemical Works, EPA Region VII,
December 6,1974. (I.F. &R. No. VII-64C, I.D. No. 112707.)
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 product held for
distribution or sale on March 25, 1974, at Mallinckrodt Chemical
Works, St. Louis, Missouri. The pesticide involved was
MALLINCKRODT FORMALDEHYDE SOLUTION U.S.P., the
charge was misbranding—label lacked directions for use which were
necessary for effecting the purpose for which the product was-
intended and if complied with, adequate to protect health and the
environment.
The respondent furnished sufficient proof that the product was
adequately labeled at the time of production. Therefore, the civil
complaint was withdrawn.
1875. In Re: Veterinary Laboratories, Inc., EPA Region VII,
January 31, 1975. (I.F.&R. No. VII-66-C, I.D. No. 112508.)
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 21, 1974, from Lenexa, Kansas, to Kansas City, Missouri. The
pesticide involved was VET LABS FOUR-WAY SCREW-WORM
BOMB; the charge was nonregistration.
Respondent put forth sufficient mitigating factors to satisfy
complainant that, although it was reasonable to believe a violation
had occurred, the most equitable result it could pursue would be to
enter into a stipulation requesting respondent to recall the product.
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1876. In Re: Farnam Companies, Incorporated, EPA Region VII,
June 10,1975. (I.F.&R. No. VII-90C, I.D. No. 112169.)
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 July 25, 1974, at Farnam Companies,
Incorporated, Omaha, Nebraska. The pesticide involved was
FARNAM STABLE SPRAY EMULSIFIABLE FLY KILLER, the
charge was misbranding-labels did not bear a signal word which is
necessary and if complied with, adequate to protect health and the
environment.
The complaint was withdrawn since the Registration Division stated
that the signal word "Caution" was adequate for this product.
1877. In Re: Patel, Incorporated, Kansas City, Missouri, EPA
Region VII, August 20,1975. (I.F.&R. No. V11-121C, I.D. No.
112338.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136
); 136e(c)(l)(AJ; 136e(c)(l)(B)and 136e(c)(l)(C).
The action pertained to the firms failure to submit a pesticides annual
report in a timely manner.
The civil complaint was withdrawn since the firm was no longer in
business.
1878. In Re: Auto-Chlor System, Inc., EPA Region VII,
September 4, 1975. (I.F.&R. No. VII-129C, I.D. No.
114425.)
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
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for distribution or sate on March 18, 1975, at Auto-Chlor System of
St. Louis, St. Louis, Missouri. The pesticide involved was Auto-Chlor
Solution-CI; the charge was misbranding-lack of precautionary
statements on labels.
The complaint was withdrawn, since the respondent's answer
explained that the alleged violations occurred at the place of
business of a partnership doing business as Auto-Chlor System of St.
Louis rather than at AutoChlor System, Inc.
1879. In Re: Aute-Chlor System of St. Louis, EPA Region VII,
November 7,1975. (I.F.&R. No. VII-143C, I.D. No. 114425.)
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 March 18, 1975, at Auto-Chlor System of
St. Louis, St. Louis, Missouri. The pesticide involved was AUTO-
CHLOR SOLUTION-CL; the charge was misbranding-lack of
precautionary statements on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $216.00.
1880. In Re: Panda-Victory Paints, EPA Region VII, November
14,1975. (I.F.&R. No. VII-144C, I.D. No. 114444.)
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 13, 1975, from St. Louis, Missouri, to East St. Louis, Illinois. The
pesticide involved was SHURWAY CREOSOTE OIL PAINT
EXTERIOR WHITE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,000.00.
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1881. In Re: Harris Serum and Supply Company, Inc., EPA
Region VII, November 19,1975. (I.F.&R. No. VII-149C, I.D.
No. 113064.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
135a(a)(l) and 135b. The action pertained to a shipment made on
July 1, 1975, from McCook, Nebraska, to Dighton, Kansas. The
pesticide involved was TORDON BEADS; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,320.00.
1882. In Re: Dymon, Inc., EPA Region VII, December 3, 1975.
(I.F.&R. No. VII-140C, I.D. Nos. 112586 and 114310.)
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 January 7, and April 24, 1974, from Shawnee
Mission, Kansas, to Kansas City, Kansas, and St. Louis, Missouri. The
pesticides involved were LWK and COLE FLYING INSECT SPRAY;
charges included claims differed in substance from the
representations mode in connection with its registration and
misbranding-lack of adequate warning or caution statements, lack of
statement of net contents and lack of assigned registration number on
labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $700.00.
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1883. In Re: Jones Chemicals, Inc., EPA Region VII, December 3,
1975. (I.F.&R. No. VII-132C, I.D. No. 114426.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(aHl)(E); 136 (q)(l)(A) and 136(c)(l). The action pertained to a
product held for distribution or sale on March 30,1975, at Jones
Chemicals, Inc., Festus, Missouri. The pesticide involved was ISO
SUNNY SOL; charges included adulteration and misbranding—
strength or purity fell below the professed standard of quality as
expressed on its labeling and labeling bore a statement as to the
safety of the product which was false and misleading.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $800.00.
1884. In Re: Freesmeier Laboratories, Inc., EPA Region VII,
December 16,1975. (I.F.&R. No. VII-155C, I.D. Nos. 114477
and 114478.)
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
August 21, 1974, and April 9, 1975, from St. Louis, Missouri, to East
St. Louis, Illinois. The pesticide involved was CLIG PINE OIL
DISINFECTANT; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $594.00.
1885. In Re: Kemin Industries, Inc., EPA Region VII, December
24, 1975. (I.F.&R. No. VII-95C, I.D. Nos. 107092, 107093
and 112826.)
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
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January 29, August 12, and August 21, 1974, from Oes Moines,
Iowa, to Columbia, Tennessee. The pesticides involved were HAY
SAVOR and SILAGE SAVOR;; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,000.00.
1886. In Re: Kemin Industries, Inc., EPA Region VII, December
24,1975. (I.F.&R. No. Vll-l 16C, I.D. No. 112332.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136](a)(2)(L); 136e(c)(l)(A}; 136e(c)(l)(B) and 136e(c)(l)(Q. The action
pertained to the firm's failure to submit a pesticides annual report in a
timely manner.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,000.00.
1887. In Re: Omaha Compound Company, EPA Region VII,
January 6, 1976. (I.F.&R. No. VII-157C, I.D. Nos. 102411,
102412,102413 and 102414.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a}(l)(A) and 136a(a). The action pertained to products held for
distribution or sale on October 16, 1975, at Omaha Compound
Company, Omaha, Nebraska. The pesticides involved were
ANTISECT 68, DEFIANCE PINE OIL DISINFECTANT, HY GEE NITE
GERMICIDE and INSTANT BOWL CLEANER; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,900.00.
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1888. In Re: W.R. Sweeney Manufacturer, Inc., EPA Region VII,
January 6,1976. (I.F.&R. No. VII-152C, I.D. No. 114436.)
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 February 28, 1975, at W.R. Sweeney
Manufacturer, Inc., Salibury, Missouri. The pesticide involved was
SWEENEY'S NEW IMPROVED POISON WHEAT; the charge was
misbranding-product was not effective in killing mice when used as
directed in labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $654.00.
1889. In Re: Warren Douglas Chemical Co., EPA Region VII,
January 6,1976. (I.F.&R. No. VII- 150C, I.D. No. 114389.)
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 July 22, 1975, at Warren
Douglas Chemical Co., Inc., Omaha, Nebraska. The pesticide
involved was WARLASCO EMULSION TOILET BOWL AND
URINAL CLEANER; 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 $2,400.00.
1890. In Re: James Varley & Sons, Inc., EPA Region VII,
January 7,1976. (I.F.&R. No. VII-153C, I.D. No. 118776.)
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
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July 21, 1975, from St. Louis, Missouri, to East Rochester, New York.
The pesticide involved was GABRIEL PERK SHAMPOO; the charge
was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,000.00.
1891. In Re: Lift Products, Inc., EPA Region VII, January 9,1976.
(I.F.&R. No. VIM38C, I.D. Nos. 114291 and 114292.)
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 26, 1975, from Cedar Rapids, Iowa, to Rock Island, Illinois.
The pesticides involved were BOWLITE and HEAVY-DUTY STERI-
KLEEN; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $324.00.
1892. In Re: Plaze, Inc., EPA Region VII, January 9, 1976.
(I.F.&R. No. VIM51C, I.D. No. 113012.)
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)U)(G). The action pertained to a product held
for distribution or sale on June 3, 1975, at Plaze, Inc., St. Louis,
Missouri. The pesticide involved was VARLEY #400 INSECTICIDE;
the charge was misbranding —lack of warning or caution statement
and lack of ingredient statement on labels.
The complaint was withdrawn after the respondent provided
evidence that the misbranded product was not being held for sale at
the time of sampling.
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1893. In Re: Wichita Brush & Chemical Co., Inc., EPA Region VII,
January 12,1976. (I.F.&R. No. VII-156C, I.D. No. 114631.)
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 13, 1975, at Wichita
Brush & Chemical Company, Inc., Wichita, Kansas. The pesticide
involved was GAMMA-MENE 1; 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 $1,560.00.
1894. In Re: Precision Products Company, North Kansas City,
Missouri, EPA Region VII, January 15, 1976. (I.F.&R. VII-
Il7c, I.D. No. 112334.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136e(c)(l)(A); 136e(c)(l)(B)and 136j(a)(2)(L); 136e(c)(l)(C). The action
pertained to the firm's failure to submit a pesticides annual report in a
timely manner. The complaint was withdrawn since the respondent's
business was destroyed by fire on August 6, 1974, and its pesticides
business has never resumed.
1895. In Re: Research Products Company, EPA Region VII,
January T5,1976. (I.F.&R. No. VII-82C, I.D. No. 102615.)
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 June 6,
1973, from Salina, Kansas, to Lincoln, Nebraska. The pesticide
involved was DETIA GAS-EX-B; the charge was that the claims
made for the product differed in substance from the representations
made in connection with its registration.
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The complaint was withdrawn after the respondent provided
evidence of governmental correspondence indicating that the correct
label had been used.
1896. In Re: Earl May Seed and Nursery Company, EPA Region
VII, January 23, 1976. (I.F.&R. No. VII-I62C, I.D. No.
114386.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 135a(a)(l); and 136(q)(l)(G). The action pertained to a
shipment made on Ma/ 29, 1975, from Shenondoah, Iowa, to
Lincoln, Nebraska. The pesticide involved was EARL MAY 57%
MALATHION SPRAY; charges included directions for use differed
in substance from the representations made in connection with its
registration and misbranding—lack of adequate warning or caution
statement on labels.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,400.00.
1897. In Re: Levenson Chemical Company, EPA Region VII,
January 27, 1976. (I.F.&R. No. VII-146C, I.D. NOB. 114337
and 114338.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136i(a)(l)(E); 136(q)(l)(G) and 136 (q)(l)(E). The action pertained to a
product held for distribution or sale on January 7, 1975, at Levenson
Chemical Company, Omaha, Nebraska. The pesticides involved were
OKAY RAT KILL and OKAY MICE KILL CONTAINS PROLIN; the
charge was misbranding—product only partially effective when used
as directed, lack of warning or caution statement, lack of adequate
ingredient statement and lack of assigned registration number on
labels.
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The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $864.00.
1898. In Re: Land and Sky, EPA Region VII, January 28,1976.
(I.F.&R. No. VII-161C, I.D. No. 102373.)
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 or
about September 18, 1975, from Lincoln, Nebraska, to Kansas City,
Missouri. The pesticide involved was CLEARWATER WATERBED
ALGAE CONTROL; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $297.00.
1899. U.S. v. 2700 units, more or less, of products labeled in
part "BUGMASTER MODEL "G", BUGMASTER SHELF-N-
DRAWER PAPER, BUGMASTER MOSQUITO COIL, and
ME-HI." U.S. District Court, Western District of Missouri,
December 19, 1974. (CIVIL No. 74 CV 548S, I.D. No.
74976.)
This was a seizure action charging the products with being in
violation of the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136k(b)(l)(B) and 136k(c). The action pertained to products
held for distribution or sale on September 12, 1974, at Southern
National Manufacturing Co., Hollister, Missouri. The charge was
nonregistration.
The Default Decree of Condemnation ordered destruction of the
seized products. The material was destroyed by burying at the
Springfield, Missouri, city dump.
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1900. In Re: Clark Lumber Company, EPA Region X, December
1,1975. (I.F.&R. No. X-29C.)
This was o civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136f(b).
The action pertained to a product held for distribution or sale on April
22,1975, at Clark Lumber Company, Tualatin, Oregon. The pesticide
involved was BENITE, A WOOD PER5ERVATIVE; the charge was
failure to furnish or permit access to records.
The action was terminated by Consent Agreement and Final Order
which assessed a civil penalty of $420 and contained an agreement
by Respondent to allow access to records.
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Index to Notices of Judgment 1851-1900
NJ. No.
Aquashade (Civil) 1859
Arcal Chemicals, Inc. (Civil) 1864
Auto-Chlor System, Inc. (Civil) 1878
Auto-Chlor System of St. Louis (Civil) 1879
Beatrice Foods Co. (Civil) 1871
Bixon Chemical Co. (Civil) 1862
Bixon Chemical Co. (Civil) 1863
Bowman, Mell and Co., Inc. (Civil) 1865
Bugmaster Model "G" (Seizure) 1899
Bugmaster Mosquito Coil (Seizure) 1899
Bugmaster Shelf-N-Drawer Paper (Seizure) 1899
Cealin Chemicals (Civil) 1868
Clark Lumber Company (Civil) 1900
Dore-lnternational, Inc. (Civil) 1857
Dymon, Inc. (Civil) 1882
Earl May Seed & Nursery Company (Civil) 1896
Eastern Laboratories, Inc. (Civil) 1855
Ernesto S. Barbosa (Civil) 1854
Farnam Companies, Incorporated (Civil) 1876
Federal Chemical Company (Civil) 1872
Freesmeier Laboratories, Inc. (Civil) 1884
Harris Serum and Supply Company, Inc. (Civil) 1881
Hollowick, Inc. (Civil) 1853
Huge Company, The (Civil) 1873
James Varley & Sons, Inc. (Civil) 1890
Jones Chemicals, Inc. (Civil) 1883
Kare Chemical Company (Civil) 1866
Kemin Industries, Inc. (Civil) 1885
Kemin Industries, Inc. (Civil) 1886
Land and Sky (Civil) 1898
Levenson Chemical Company (Civil) 1897
Lift Products, Inc. (Civil) 1891
Mallinckrodt Chemical Works (Civil) 1874
Me-Hi (Seizure) 1899
Omaha Compound Company (Civil) 1887
Panda-Victory Paints (Civil) 1880
Patel, Incorporated (Civil) 1877
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Paxton Processing Company, Inc. (Civil) 1870
Plaze, Inc. (Civil) 1892
Precision Products Company (Civil) 1894
Pro-Serve, Inc. (Civil) 1867
Research Products Company (Civil) 1895
Rover Pet Products (Civil) 1856
Southern Mill Creek Products, Inc. (Civil) 1869
Tenneco Chemicals, Inc. (Civil) 1860
Trio Chemical Works, Inc. (Civil) 1851
Trio Chemical WOrks, Inc. (Civil) 1852
Utility Chemical Co. (Civil) 1861
Veterinary Laboratories, Inc. (Civil) 1875
W.R. Sweeney Manufacturer, Inc. (Civil) 1888
Warren Douglas Chemical Co. (Civil) 1889
Wichita Brush & Chemical Co., Inc. (Civil) 1893
Zoe Chemical Co., Inc. (Civil) 1858
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