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Manufacturer in Kansas City, Mo., to Pay $3,568 Civil Penalty for Failure to Properly Label and Advertise Pesticide Product

Release Date: 06/10/2010
Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov


Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., June 10, 2010) – A Kansas City, Mo., pesticide manufacturer has agreed to pay a $3,568 civil penalty to the United States for failing to properly label a restricted use pesticide, and failing to identify the product as a restricted use pesticide in advertising messages.

Douglas Products and Packaging, 1550 East Old 210 Highway, in Kansas City, Mo., was cited for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), according to an administrative consent agreement and final order filed in Kansas City, Kan.

As part of its settlement with EPA Region 7, the company has agreed to hire a third-party environmental compliance auditor, at a cost of $25,000, to perform periodic compliance audits on its products twice a year. The compliance audits are scheduled to begin in July 2010.

In September 2008, the Missouri Department of Agriculture conducted an inspection of Douglas Products and Packaging’s facility in Liberty, Mo., and found that it was holding for sale or distribution a quantity of Sanafoam Vaporooter II that was misbranded. The product was considered misbranded because its labeling did not include EPA-required language about hazards to humans, animals and the environment; information about environmental use precautions, and requirements about protective clothing and equipment.

Later, in August 2009 and February 2010, in advertising that appeared in trade industry publications and on its company website, Douglas Products and Packaging failed to identify Sanafoam Vaporooter II as a restricted use pesticide, as required under FIFRA.

Sanafoam Vaporooter II is a herbicide product most commonly used to control tree and plant roots that penetrate buried sewer and utility lines.

Through the settlement, Douglas Products and Packaging has certified that it is now in compliance with FIFRA and its regulations.