Notices of Judgement Under the Federal
Insecticide, Fungicide, and Rodenticide
Act
Nos. 2601-2650
April 1981
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N.J., I.F.R. 2601 - 2650
Issued April 1981
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 RODENTIC1DE ACT
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.
Nos. 2601 - 2650
136n).
Richard D. Wilson
Deputy Assistant Administrator
for General Enforcement
Washington, D.C.
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2601. In Re: Tim Hennigan Engineering Co., Inc., EPA
Region I, January 19r 1978. (I.F.&R. No. I~31a-C.)
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). The action pertained to the firm's failure to
submit an annual pesticide production report.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
2602. In Re: Murd Company, EPA Region III, January 30,
1979. (I.F.&R. No. III-186-C, I.D. Not. 138549 and 138550.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136(q)(l)(A) and 136j(a)(1)(A) and (E). The action pertained to
products held for distribution or sale on October 1, 1976, at Murd
Company, Philadelphia, Pennsylvania. The pesticides involved were
HONEST LOU'S HURRICANE SPRAY WITH BAYGON and
HONEST LOU'S DI-ASUN KILLER READY TO USE; charges
included nonregistration and misbranding - the label bore false and
misleading statements!
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,056.00.
2603. In Re: Premier Chemical*, Inc., EPA Region III, July
20,1979. (I.F.&R. No. III-196-C, I.D. No. 166580.)
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); 136j(a)(l)(C); 136j(a)(l)(B); and 136(q)(2)(B). The action
pertained to a product held for distribution or sale on January 5,
1978, at Premier Chemicals, Inc., Alexandria, Virginia. The pesticide
involved was SUPER CLEAN; charges included misbranding and
adulteration - label did not bear precautionary statements, label did
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not bear directions for use, label bore false and misleading
statements, and the 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 $1,000.00.
2604. In Re: Hachik Bleach Company, EPA Region III,
March 12, 1980. (I.F.&R. No. III-179-C, I.D. Nos. 167746,
167744,167743,139723,167740and 167745.)
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); 136j(a)(l)(E); 136(q)(l)(A), (D), and (C); and 136{q)(2)(C).
The action pertained to a product held for distribution or sale on May
27, 1977, at Hachik Bleach Company, Bromali, Pennsylvania. The
pesticide involved was hb HACHIK CHLOR CONCENTRATED
CHLORINE SOLUTION; charges included nonregistration and
misbranding - the label bore false and misleading statements and the
label did not bear EPA registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $5,000.00.
2605. In Re: Seaguard Corporation, EPA Region 111, March
13, 1980. (I.F.&R. No. II1-204-C, I.D. Nos. 157649 and
160883.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act/ 7 U.S.C.
136j(aH1){A), (B), and (E); and 136(q)(1)(A). The action pertained to
products held for distribution or sale on August 28, 1978, and
September 5, 1978, at Seaguard Corporation, Portsmouth, Virginia.
The pesticides involved were SEAGUARD PREMIUM GRADE SOFT
COPPER NO. 1, SEAGUARD PREMIUM GRADE SOFT COPPER
NO. 2, and SEAGUARD HEAVY DUTY ANTI-FOULING COPPER;
charges included nonregistration and misbranding - the ktbel bore
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directions for use and an ingredient statement which differed from
those accepted in connection with its registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,120.00.
2606. In Re: Catalytic Generators, Inc., EPA Region III,
March 21, 1980. (I.F.&R. No !II~216-C, I.D. Nos. 110236
and 132314.)
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)(D) and (F). The action pertained to a product
held for distribution or sale on July 11, 1979, and August 16, 1979,
at Catalytic Generator Inc., Chesapeake, Virginia. The pesticide
involved was ETH-GEN ETHYLENE GENERATOR CONCENTRATE;
the charge was misbranding - the label failed to bear precautionary
statements, directions for use, and establishment registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,680.00.
2607. In Re: Newport Newt Shipbuilding and Dry Dock
Company, EPA Region III, March 31,1980. (I.F.&R. No. III-
212-C, I.D. Nos. 160891,160892,160893, and 160894.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136[(a)(1)(A). The action pertained to products held for distribution or
sale on January 30, 1979, at Newport News Shipbuilding and Dry
Dock Company, Newport News, Virginia. The pesticides involved
were COPPER PAINT NO. 4, COPPER PAINT NO. 6A, MARINE
ANTI-FOULING R-2, and WOOD & TWINE PRESERVATIVE NO.
1; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $6,000.00.
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2608. In Re; Sitco Pet Products Company, EPA Region III,
April 29,1980. (I.F.&R. No. III-217-C, I.D. No. 157116.)
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). The action pertained to a product held for distribution
or sale on July 1, 1979, at Silco Pet Products Company, Alexandria,
Virginia. The pesticide Involved was SILCO RX ALGI-EATER; the
charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $330.00.
2609. In Re: Wonder Chemical Corporation, EPA Region
III, May 20,1980. (I.F.&R. No. 1II-221-C, I.D. No. 156147.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136i(a}(l}(A). The action pertained to a product held for distribution
or sale on June 14, 1979, at Wonder Chemical Corporation, Fairless
Hill, Pennsylvania. The pesticide involved was GIANT BLEACH; the
charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,500.00.
2610. In Re: Area I GhemicaU, Inc., EPA Region Ul, June 3,
1980. (I.F.&R. No. 111-218-C, I.D. No. 156158.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.
136j(a)(1)(A) and (E); 136(q)(l)(A); and 136(q)(l){F). The action
pertained to a product held for distribution or sale on August 9,1979,
at Arcal Chemicals, Inc., Seat Pleasant, Maryland. The pesticide
involved was ARCAL WEED-A-WAY; charges included
nonregistration, adulteration, and misbranding - the strength or
purity fell below the professed standard of quality as expressed on its
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labeling and the label did not bear producer establishment number
and directions for use.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,000.00.
2611. In Re: Bauer Chemical Company, Inc., EPA Region
III, June 6,1980. (I.F.AR. No. III-158-C, I.D. No. 166847.)
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), The action pertained to a product held for distribution
or sale on July 5, 1979, at Bauer Chemical Company, Inc., Baltimore,
Maryland. The pesticide involved was SODIUM HYPOCHLORITE
SOLUTION; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,240.00.
2612. In Re: Seaboard Asphalt Products Company, EPA
Region III, June 6, 1980. (I.F.&R. No. III-205-C, I.D. No.
160693.)
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). The action pertained to a product held for distribution
or sale on January 24, 1979, at Seaboard Asphalt Products
Company, Baltimore, Maryland. The pesticide involved was
CREOSOTE WOOD PRESERVATIVE; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,920.00.
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2613. In Re: Roffler Industries, Inc., EPA Region III,
September 26, 1980. (I.F.&R. No. III-225-C, I.D. Nos.
153783 and 153784.)
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)(E). The action pertained to a product held
for distribution or sale on March 21, 1979, at Roffler Industries, Inc.,
Coraopolis, Pennsylvania. The pesticides involved were ANTI 5POR
CLIPPER OIL and MICROJET CONCENTRATE; the charge was
misbranding - the label failed to bear the correct registration number,
the label failed to bear establishment registration number, and the
label did not bear total percentage of ingredients.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $600.00.
2614. In Re: Richmond Veterinary Supply Co., Inc., EPA
Region 111, October 8, 1980. (I.F.&R. No III-224-C, I.D. No.
158364.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(1)(A). The action pertained to a product held for distribution
or sale on or about December 26, 1979, at Richmond Veterinary
Supply Co., Inc., Richmond, Virginia. The pesticide involved was
GAMMENE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $420.00.
2615. In Re: Dominion Chemical Company, EPA Region III,
October 21, 1980. (I.F.&R. No. 111-211-C, I.D. No. 158248.)
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). The action pertained to a product held for distribution
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or sale on March 9, 1979/ at Dominion Chemical Company,
Petersburg, Virginia. The pesticide involved was DC SWIMMING
POOL CHLORINE; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,920.00.
2616. In Re: Roberts Pest Control, EPA Region VI, April 17,
1978. (I.F.&R. No. Vl-l 16-C, 1.0. Nos. 136760 and 136761.)
This is a civil action in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 1361(a)(2)(G). The pesticides involved were SAFE-WAY
BRAND MALATHION 5 LBS. or 55% EMULSIFIABLE
CONCENTRATE, and CIBA-GEIGY DIAZINON 4E; the charge was
use of a registered pesticide in a manner inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $600.00.
2617. In Re: Hygeia Chemfcal Company, Inc., EPA Region VI,
April 20,1978. (I.F.&R. No. VI-123-C, I.D. 144582.)
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). The action pertained to a product held for distribution
or sale on September 2, 1976, at Hygeia Chemical Company, Inc.,
Galveston, Texas. The pesticide involved was LEMON
DISINFECTANT CLEANER; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $297.00.
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2618. In Re: Barber Laboratories, Limited, EPA Region Vlr
July 10, 1978. (I.F.&R. No. VI-121-C, I.D. Nos. 123453 and
123454.)
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); 136j(a)( !)(&}; and 136j(a)(l)(A). The action pertained to
a product held for distribution or sale on September 7, 1976, at
Barber Laboratories, Limited, New Orleans, Louisiana. The pesticides
involved were BLIS K WATER MISCIBLE HOUSEHOLD SPRAY,
BLIS WATER MISCIBLE HOUSEHOLD SPRAY and RATZALL;
charges included nonregistration, misbranding and adulteration - the
strength or purity fell below the professed standard of quality as
expressed on its labeling, the label bore false and misleading
statements, and claims on the label differed from those made in
connection with its registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,296.00
2619. In Re: Norco Feed Mills, Inc., EPA Region VII, July
27,1978. (I.F.&R. No. VII-305-C, I.D. No. 138430.)
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 a shipment made
on July 22, 1977, from Sioux City, Iowa, to Sioux City, Iowa. The
pesticide involved was SALT-MINERAL-VIS-VITA; the charge was
nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $792.00.
2620. In Re: Smith Company of Uvalde, Inc., EPA Region
VI, August 9, 1978. (I.F.&R. No. VI-122-C, I.D. Nos.
123039,123041, and 123042.)
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136j(a)(1)(A); and 136(q)(l)(A). The action pertained to a
shipment made on September 23, 1976, from Pearsall, Texas, to
Lytie, Texas, and a product held for distribution or sale on September
23, 1976, at Smith Company of Uvalde, Inc., Pearsall, Texas. The
pesticides involved were CROP-LIFE PARATHION 5 DUST, CROP-
LIFE CUSTOM MIXTURE CONTAINS 2% PARATHION DUST
and CROP-LIFE METHYL PARATHION 5 DUST; charges included
nonregistration, misbranding and adulteration - the label bore false
and misleading statements, and the 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 $6,264.00.
2621. In Re: Ag-American, Inc., EPA Region VII,
September 9, 1978. (I.F.&R. No. VII-300-C, I.D. Nos.
142257 and 142262.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Roenticide Act, 7 U.S.C.
136j(a)(l)(E) and 136(q)(l)(B). The action pertained to products held
for distribution or sale on August 15, 1977, at Ag-American, Inc.,
Fremont, Nebraska. The pesticides involved were WAYNE HOG
MANGE CURE and WAYNE HOG AND CATTLE DUSTING
POWDER; charges included adulteration and misbranding - use
statement on label differed from that accepted at registration, the
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 $100.00.
2622. In Re: Phillipsburg Cooperative Association, EPA
Region VII, October 17, 1978. (I.F.&R. No. VII-308-C, I.D.
No. 148124.)
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(G). The pesticide involved was MIST-O-MATIC LIQUID
SEED DISINFECTANT; the charge was the use of a registered
pesticide in a manner inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,000.00.
2623. In Re: Haysville Farm Center, EPA Region VII,
October 17, 1978. (I.F.&R. No. VII-307-C, I.D. No*. 172002
and 172003.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136|(a){2)(G). The action pertained to a product held for distribution
or sale at Haysville Farm Center, Haysville, Kansas. The pesticide
involved was CYGON 400; the charge was the use of a registered
pesticide inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
2624* In Re: James Varley & Sons, Inc., EPA Region VII,
October 20,1978. (I.F.&R. No. VI1-311-C, I.D. No. 138389.)
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 136tq)(l)(A). The action pertained to a product held
for distribution or sale on July 21,1977, at James Varley & Sons, Inc.,
St. Louis, Missouri. The pesticide involved was VARLEY'S OCEAN
BLUE; charges included misbranding and adulteration - the strength
or purity fell below the professed standard of quality as expressed on
its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,700.00.
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2625. *n Re: Luson Ag Air, EPA Region Vff, October 31,
1978. (f.F.&R. No. VII-316-C, Not. 148109 and 148110.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136|(a)(2J(GJ. The action pertained to a product held for distribution
or sale on June 13-16, 1979, at Luson Ag Air, Savannah, Missouri.
The pesticide involved was GORDON'S LV 400 2,4-D WEED
KILLER; the charge was the use of a registered pesticide in a manner
inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $350.00.
2626. In Re; Stallbaumer Fertilizer Co., EPA Region VII,
November 20, 1978. (I.F.&R. No. VII-315-C, I.D. No.
148114.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.SX.
136j(a)[2)(G). The action pertained to products held for distribution or
sale on May 13 and 18, 1977, at Stallbaumer Fertilizer Co.,
Frankfort, Kansas. The pesticides involved were SHELL BLADEX 80
WP HERBICIDE and CIBA GEIGY ASTRIX 80 W HERBICIDE; the
charge was the use of a registered pesticide in a manner inconsistent
with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $420.00.
2627. In Re: General Pest and Termite Control Co., EPA
Region VII, November 27, 1978. (I.F.&R. No. VII-314-C,
I.D. No. 138469.)
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 held for distribution
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or sale on February 15, 1978, at General Pest and Termite Control
Co., Coralville, Iowa, The pesticide involved was RID-A-BIRD
CONTROL LIQUID; the charge was the use of a registered pesticide
in a manner inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,125.00.
2628. In Re: Wichita Brush and Chemical Company, Inc.,
EPA Region VII, November 29, 1978. (I.F.&R. No. VII-312-
C, I.D. No. 172091.)
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 December 13, 1977, at Wichita Brush and
Chemical Company, Wichita, Kansas. The pesticide involved was
SIGMA-SAN; charges included misbranding and adulteration - the
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 $825.00.
2629. In Re: Continental Research Corporation, EPA
Region VII, January £, 1979. (I.F.&R. No. VII-310-C, I.D.
No. 171645.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(1)(B). The action pertained to a shipment made August 7,
1979, from St. Louis Missouri, to Puxico, Missouri. The pesticide
involved was CONTINENTAL FOGICIDE; the charge was
misbranding - claims differed from those made at registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 1,000.00.
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2630. (n Re: Farmers Grain and Supply Company, EPA
Region VII, January 26, 1979. (I.F.&R. No. VII-317-C, I.D.
No. 171799.)
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 136j(a)(2)(L). The action pertained to a product held
for distribution or sale on October 31, 1977, at Farmers Grain and
Supply Company, Greensburg, Kansas. The pesticide involved was
DACTHAL W-75 HERBICIDE; charges included nonregistration and
the production of a pesticide in an unregistered establishment.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $2,400.00.
2631. In Re: Ralston Purina Company, EPA Region VII,
January 29,1979. (I.F.&R. No. VII-321-C, I.D. No. 171642.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136{(a)(1)(E) and 136(q)(l)(A). The action pertained to a product held
for distribution or sale on October 13, 1977, at Ralston Purina
Company, St. Louis, Missouri. The pesticide involved was PURINA
LICE & FLY KILLER-CR; charges included misbranding and
adulteration - deficient in active ingredients and the strength or
purity fell below the professed standard of quality as expressed on its
labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $800.00.
2632. In Re: Blnns & Stevens Sprayers, Inc., EPA Region
VII, March 23, 1979. (I.F.&R. No. VII-319-C, I.D. No.
1720360
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)(2)(G). The action pertained to products held for distribution or
sale on July 21, 1977, at Binns & Stevens Sprayers, Inc., Oskaloosa,
Iowa. The pesticides involved were VERTON 2D and VERTON 2T;
the charge was the use of a registered pesticide in a manner
inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $360.00.
2633. In Re: Faultiest Pest Control, Inc., EPA Region VII,
April 24,1979. (I.F.&R. No. VII-326-C, I.D. No. 180906.)
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 held for distribution
or sale on June 19, 1978/ at Faultless Pest Control, Inc., Kansas City,
Kansas. The pesticide involved was T-H DED WEED LV-6; the
charge was the use of a registered pesticide in a manner inconsistent
with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
2634. In Re: Airwick Industries, Inc., EPA Region VII,
March 14, 1979. (I.F.&R. No. VII-320-C, I.D. No. 147031.)
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 136j(a)(l)(B). The action pertairied to a shipment
made on or about August 23, 1976, January 26, 1977, and February
23, 1977, from St. Peters, Missouri, to York, Pennsylvania. The
pesticide involved was MODEL S-l CHLOR PAC 90% AVAILABLE
CHLORINE; the charge was misbranding - directions for use differed
from those made at registration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $4,480.00.
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2635. In Re: Industrial Fumigant Co., EPA Region VII, May
16,1979. (I.F.&R. No. VII-313-C, I.D. No. 1488460
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 T36(q)P)(A), The action pertained to a product held
for distribution or sale on February 17, 1977, at Industrial Fumigant
Company, Olathe, Kansas. The pesticide involved was INDUSTRIAL
FUMIGANT COMPANY WATER SOLUBLE WARFARIN; the
charge was misbranding - the product was not effective when used
as directed.
The respondent signed a Consent Agreement. No penalty was
assessed. The Final Order cancelled its EPA registration for WATER
SOLUBLE WARFARIN, EPA Reg. No. 485-46, and ordered that any
remaining WATER SOLUBLE WARFARIN be destroyed within
twenty (20) days.
2636. In Re: Soil Service Garden Center, Inc. & Curry
Cartwright, Inc., EPA Region VII, August 13,1979. (I.F.&R.
No. VII-329-C, I.D. No. 168380.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j{aH2)(J). The action pertained to a product held for distribution or
sale on March 5, 1979, at Soil Service Garden Center, Inc. & Curry
Cartwright, Inc., Kansas City, Missouri. The pesticide involved was
GREEN-UPBRUSH KILLER NO. 200; the charge was violation of a
suspension order.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
2637. In Re: Economy Products Company, Inc., EPA Region
VII, November 6,1979. (I.F.&R. No. VII-336-C.)
1791
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(L); 136j(a)(2)(N); and 136e(c)(l). The action pertained to the
respondent's failure to submit an annual pesticide production report.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $ 150.00.
2638. In Re: Miller Sales and Service, EPA Region VII, July
12,1979. (I.F.&R. No. VII-334-C, I.D. No. 141540.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(1)(A) and (E); 136(a)(2)(L); and 136e(a). The action pertained
to a product held for distribution or sale on November 13, 1978, at
Miller Sales and Service, Davenport, Iowa. The pesticide involved
was AEROVAP INSECTICIDE REFILL; charges included
nonregistration and production of a pesticide in an unregistered
establishment, and misbranding - the label bore a cancelled
registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $320.00
2639. In Re: Tractor Supply Company, EPA Region VII,
August 13, 1979. (I.F.&R. No. VII-328-C, I.D. No. 168390.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(2)(J). The action pertained to a product held for distribution or
sale on March 5, 1979, at Tractor Supply Company, Kansas City,
Missouri. The pesticide involved was LV BRUSH KILLER; the charge
was violation of a suspension order.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $480.00.
1792
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2640. In Re: Farnam Companies, EPA Region VII, July 11,
1980. (I.F.&R. No. VII-346-C, I.D. No. 130366.)
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)(E). The action pertained to a shipment
made on June 27, 1978, from Omaha, Nebraska, to Broad Brook,
Connecticut. The pesticide involved was ROLL-ON FLY REPELLENT;
charges included misbranding and adulteration - deficient in active
ingredients and the 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 $1,296.00.
2641. In Re. Ag-American, Inc., EPA Region VII, January 4,
1980. (I.F.&R. No. VII-350-C, I.D. No. 142275.)
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)(1)(F). The action pertained to a shipment
made on July 10, 1978, from Fremont, Nebraska, to Uehling,
Nebraska. The pesticide involved was POLY-COAT BEEF & DAIRY
CATTLE DUSTER; the charge was misbranding - the labeling did not
contain directions for use which are necessary for effecting the
purpose for which the product was intended.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
2642. In Re: Ultimate Chemical Company, EPA Region VII,
February 26, 1980. (I.F.&R. No. VII-338-C, I.D. No.
168387.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
1793
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136j(a)(2}(L); 136j(a)(2)(N); arid 136e(c)(l). The action pertained to the
respondent's failure to submit an annual pesticide production report.
Since the firm had instituted bankruptcy proceedings, no penalty was
assessed.
2643. In Re: Creative Sates, Inc., EPA Region VII, May 5,
1980. (I.F.&R. No. VII-351-C, I.D. No. 150612.)
This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C
136j(a)(1)(A). The action pertained to a shipment made on June 30,
August 4, and November 13, 1978, from Fremont, Nebraska, to
Albuquerque, New Mexico, The pesticide involved was ORTHENE-
MEDICAPS; the charge was nonregistration.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $400.00.
2644. In Re: Chemlawn Corporation, EPA Region VII, May
9,1980. (I.F.&R. No. VII-358-C, I.D. No. 180924.)
The action pertained to a product used on August 1, 1979, by
Chemscape Division of Chemlawn Corporation, Lenaxa, Kansas. The
pesticides involved were PRENTOX DIAZINON AG 500 and
AGRICULTURAL MITICIDE WP; the charge was the use of a
registered pesticide in a manner inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $500.00.
2645. In Re: S & S Products Company, EPA Region VII,
May 28,1980. (I.F.&R. No. VII-360-C, I.D. No. 171687 and
171695.)
1794
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(A) and (E); and 136(q)(1)(A). The action pertained to
products held for distribution or sale on July 13, 1979, and January
1980. The pesticides involved were ACCO 12 WATER
PURIFICATION CHLORINE, and SODIUM HYPOCHLORITE;
charges included nonregistration and misbranding - the label bore a
false EPA registration number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $860.00
2646. In Re: Shur-Lawn Company, EPA Region VII, May
28,1980. (IJF.&R, No. VII-361-C, I.D. No. 168309.)
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 May 14,
1979, at Shur-Lawn Company, Omaha, Nebraska. The pesticides
involved were LESCO A-4D 2,4-D, LESCOPEX CLOVER-
CHICKWEEO KILLER, and VELSICOL BANVEL HERBICIDE; the
charge was the use of a registered pesticide in a manner inconsistent
with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $250.00.
2647. In Re: Ever-Green Lawn Services, Inc., EPA Region
VII, June 3, 1980. (I.F.&R. No. VII-341-C, I.D No. 175831.)
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 held for distribution
or sale on May 9, 1978, at Ever-Green lawn Services, Inc., Kansas
City, Missouri. The pesticide involved was GORDON'S AMINE % 4-
D TURF HERBICIDE; the charge was the use of a registered pesticide
in a manner inconsistent with its labeling.
1795
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The respondent signed a Consent Agreement. In lieu of a penalty the
firm agreed to spend money on training sessions and materials for
each hired applicator.
2648. In Re: Sprayways Aerial Spraying, EPA Region VII,
June 20,1980. (I.F.&R. No. VII-359-C, 1.0. No. 181189.)
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 May 14 and
15, 1979, at Green Hills Ranch, Green City, Missouri. The pesticide
involved was DED-WEED LV-6D; the charge was the use of a
registered pesticide in a manner inconsistent with its labeling.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $250.00.
2649. In Re: Acco Unlimited Corporation, EPA Region VII,
June 24,1980. (I.F.&R. No. VII-357-C, I.D. Nos. 171687 and
171688.)
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); 136j(a)(2)(L); and 136e(a). The action pertained to a
shipment made on July 18, 1979, from Des Moines, Iowa, to Johnson,
Iowa, and a product held for distribution or sale on October 17,
1979, at Acco Unlimited Corporation, Des Moines, Iowa. The
pesticide involved was ACCO LIQUID CHLORINE CONCENTRATE;
charges included nonregistration and production of a pesticide in an
unregistered pesticide producing establishment.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $1,700.00.
2650. In Re: Kemin Industries, EPA Region VII, July 16,
1980. (I.F.&R. No. VII-364-C, I.D. No. 110295.)
1796
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This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
136j(a)(l)(E); 136(q)(l)(D), (F), and (G); and 136(q)(2)(A). The action
pertained to a shipment made on March 23, 1978, from Des Moines,
Iowa, to New Bern, North Carolina. The pesticide involved was DRY
POWDER MOLD CURB; the charge was misbranding - the label did
not bear precautionary statments, directions for use, an ingredient
statement, EPA registration number, or the establishment registration
number.
The respondent signed a Consent Agreement. The Final Order
assessed a civil penalty of $3,350.00.
1797
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Index to Notices of Judgment 2601 - 2650
N.J. No.
Acco Unlimited Corporation 2649
Ag-American, Inc. 2621
Ag-American, Inc. 2641
Airwick Industries, Inc. 2634
Arcal Chemicals, Inc. 2610
Barber Laboratories, Limited 2618
Bauer Chemical Company, Inc. 2611
Binns & Stevens Sprayers, Inc. 2632
Catalytic Generators, Inc. 2606
Chemlawn Corporation 2644
Continental Research Corporation 2629
Creative Sales, Inc. 2643
Dominion Chemical Company 2615
Economy Products Company, Inc. 2637
Ever-Green Lawn Services, Inc. 2647
Farmers Grain & Supply Company 2630
Farnam Companies 2640
Faultless Pest Control, Inc. 2633
General Pest and Termite Control Co. 2627
Hachik Bleach Company 2604
Haysville Farm Center 2623
Hygeia Chemical Company, Inc. 2617
Industrial Fumigant Co. 2635
James Varley & Sons, Inc. 2624
Kemin Industries 2650
Luson Ag Air 2625
Miller Sales and Service 2638
Murd Company 2602
Newport News Shipbuilding and Dry
Dock Company 2607
Norco Feed Mills, Inc. 2619
Phillipsburg Cooperative Association 2622
Premier Chemicals, Inc. 2603
Ralston Purina Company 2631
Richmond Veterinary Supply
Co., Inc. 2614
Roberts Pest Control 2616
1798
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Roffler Industries, Inc. 2613
S & S Products Company 2645
Seaboard Asphalt Products Company 2612
Seaguard Corporation 2605
Shur-Lawn Company 2646
Silco Pet Products Company 2608
Smith Company of Uvalde, Inc. 2620
Soil Service Garden Center, Inc.
& Curry Cartwright, Inc. 2636
Sprayways Aerial Spraying 2648
Stallbaumer Fertilizer Company 2626
Tim Hennigan Engineering Co., Inc. 2601
Tractor Supply Company 2639
Ultimate Chemical Company 2642
Wichita Brush and Chemical Company, Inc. 2628
Wonder Chemical Corporation 2609
1799
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