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National discount chain hit with $409K EPA fine
The case against the stores concerned the sale of three cleaning and pest-control products. Out of a total of 166 violations, 164 involved the sale of a household cleaner called Bref Limpieza y Disinfección Total con Densicloro, (Bref Complete Cleaning and Disinfection with Densicloro®), which was not registered with the EPA despite pesticidal claims on the label.
The product was imported from Mexico.
The other two products involved were: Farmer's Secret Berry & Produce Cleaner, an unregistered pesticide, and PiC BORIC ACID Roach Killer III, which was misbranded because EPA-approved labels were upside down or inside out, making them hard to read.
The fine is the largest contested penalty ever ordered by an EPA administrative law judge against a product retailer under the Federal Insecticide, Fungicide and Rodenticide Act.
"All pesticide distributors - discounters and high-end retailers alike - must comply with the law. This company's disregard for state and federal law in its business practices has led to a penalty that reflects the seriousness of the violations," said Jared Blumenfeld, EPA's regional administrator for the Pacific Southwest, in a statement announcing the fines.
FIFRA is a federal law that regulates the sale, distribution and use of pesticides. Before selling a pesticide in the United States, companies must register it with the EPA. Each producer, seller and distributor must also ensure that the registered pesticide is labeled according to agency requirements.
99¢ Only Stores illegally sold at least 658 bottles of the Bref product at stores in California, Arizona and Nevada. The violations were discovered during multiple inspections by the California Department of Pesticide Regulation and the Nevada Department of Agriculture from 2004 to 2008.
The stores are part of a 273-store chain, with the bulk of its storefronts located in California.