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EPA settles with Quality Chemical Company, of North Miami, Florida for production and distribution of unregistered products
Release Date: 01/25/2005
Contact: Laura Niles Phone: (404) 562-8353
The U.S. Environmental Protection Agency (EPA) announced today the settlement of an administrative enforcement action against Quality Chemical Company (Quality Chemical), located in North Miami, Florida for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The settlement requires Quality Chemical to comply with FIFRA and pay a $69,520 penalty.
On May 8, 2003, EPA sent a letter to Quality Chemical regarding potential violations from the production and distribution of “DESTROY Black Mold Remover.” The Florida Department of Agriculture and Consumer Services collected samples of this product, as well as other unregistered antimicrobial, pesticides such as “DEFEND – Finally, Your Defense Against Black Mold,” “BIO-STOP + Mold Preventer,” and “BIO-STOP + II Mold Preventer,” during subsequent inspections at the Quality Chemical facility. The product labels included pesticidal claims to control black mold, but the products were not registered with EPA as required by FIFRA. EPA also alleged that Quality Chemical used a registered pesticide in a manner inconsistent with its labeling on at least two occasions, which represents separate violations under FIFRA.
While neither admitting nor denying the alleged violations, Quality Chemical agreed to pay the penalty of $69,520. In addition, Quality Chemical ceased production and distribution of the unregistered pesticides when notified of the violations. FIFRA defines a pesticide as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest” and requires that all pesticides be registered with EPA prior to distribution or sale. Registered pesticides are required to conform to FIFRA’s labeling regulations, and establishments that produce pesticides must be registered with EPA.