U.S. EPA seeks nearly $1 million from 99 Cents Only Stores for pesticide violations

U.S. EPA seeks nearly $1 million from 99 Cents Only Stores for pesticide violations

Release date: 09/30/2008

Contact Information: Margot Perez-Sullivan, (415) 947-4149, perezsullivan.margot@epa.gov

Store sold and distributed unregistered and misbranded products

LOS ANGELES – The U.S. Environmental Protection Agency filed a complaint against 99 Cents Only Stores for the alleged sale and distribution of unregistered and misbranded pesticides in multiple stores operated by the company, a violation of the Federal Insecticide, Fungicide and Rodenticide Act.

The EPA is seeking $969,930 in civil penalties from 99 Cents Only Stores for selling two unregistered pesticides, “Bref Limpieza y Desinfeccion Total” and “Farmer’s Secret Berry & Produce Cleaner,” and a misbranded pesticide, “PIC Boric Acid Roach Killer II.”

Bref Limpieza y Desinfeccion Total was imported from Mexico and made claims in Spanish that it disinfects or sanitizes surfaces. Farmer’s Secret Berry & Produce Cleaner claimed that it “inhibits mold, fungus & bacteria including E coli.” Products that make surface disinfection or sanitizer claims are considered pesticides and must be registered under federal law. The third product, PIC Boric Acid Roach Killer II, had labels on eleven containers that were either inside out or upside down making them difficult to read.

"No matter what price consumers pay for products like these, the products must be registered with the EPA and labeled correctly so consumers can use them properly," said Katherine Taylor, associate director of the Communities and Ecosystems Division in the EPA’s Pacific Southwest office. “All pesticides distributors -- discounters and high-end retailers alike -- must comply with the law. This company's apparent disregard for state and federal law in its business practices has led to this enforcement action.”

The California Department of Pesticide Regulation and the Nevada Department of Agriculture discovered the violations during multiple inspections from 2004 to 2008.

FIFRA regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing a pesticide in the United States, companies must register the pesticide with the EPA. Each producer, seller and distributor is required by federal law to ensure that the registered pesticide is labeled according to agency requirements.

For more information on pesticide regulation and enforcement, please visit:www.epa.gov/pesticides/

Data Shows Unstable TVs, Furniture and Appliances Pose Deadly Danger to Children

Data Shows Unstable TVs, Furniture and Appliances Pose Deadly Danger to Children

Found in various rooms of the home, large furniture such as TVs, chests, armoires, and appliances are staples in our homes. But these items can tip over and crush children, causing injury or death. Last year, CPSC identified this issue as one of the “top five hidden home hazards.” A new data report (pdf) from the U.S. Consumer Product Safety Commission (CPSC) staff shows at least 180 tip-over related deaths between 2000 and 2006, 80 percent involving children younger than 10. The report also indicates that between 2005 and 2006 there were at least 40 reports of television or television and furniture related tip-over deaths.

These deaths and injuries frequently occur when children climb onto, fall against or pull themselves up on television stands, shelves, bookcases, dressers, desks, chests and stove oven doors. Televisions placed on top of furniture can tip over and cause a child to suffer traumatic and sometimes fatal injuries.

“Tip-over related deaths continue to be a problem. These tragedies can be prevented by taking precautions,” said Acting Chairman Nancy Nord.

To help prevent tip-over hazards, CPSC recommends the following safety tips below:

Verify that furniture is stable on its own.
For added security, anchor all entertainment units, TV stands, bookcases, shelving and bureaus to the wall or floor using appropriate hardware, such as brackets, screws, or toggles.
Place televisions on sturdy furniture appropriate for the size of the TV or on a low-rise base.
Push the TV as far back as possible from the front of its stand.
Place electrical cords out of a child's reach, and teach children not to play with the cords.
Remove items from the top of the TV and furniture that might tempt kids to climb, such as toys and remote controls.

EPA Region 7 Urges Parents to Contact Health Department Following Mercury Spill at Skate Park in Pittsburg, Kan

EPA Region 7 Urges Parents to Contact Health Department Following Mercury Spill at Skate Park in Pittsburg, Kan.

Parents of children who may have been exposed to toxic elemental mercury that was recently spilled on a Pittsburg, Kan., skate park are being strongly urged to immediately contact the Crawford County Health Department so that their children can receive health screenings.

Emergency responders from EPA Region 7, Kansas Department of Health and Environment, Kansas Fire Marshal's Office, Pittsburg Police Department and the Crawford County Health Department were working together today to investigate and assess mercury exposures that may have resulted from the spill, which was reported late Monday at the Pitt Skate Park in Pittsburg's Schlanger Park.

According to reports, a man told police that a young boy poured some quantity of the toxic chemical on the playground. The contaminated area was roped off and will remain closed until a thorough decontamination process is completed.

Meanwhile, police and health authorities are working to identify any individuals who may have come into contact with the spilled mercury so that they can receive health screenings, and if necessary, so that any mercury-contaminated homes, clothing or belongings can be properly decontaminated or disposed.

Elemental mercury is a shiny, silvery metal that is liquid at room temperature. It is often found in thermometers, barometers, thermostats, electrical switches, and science labs. When dropped, it can break into smaller droplets that can migrate into cracks and crevices, and become attached to shoes, clothing or skin. Mercury can cause serious health effects, especially for young children, when its vapor is breathed, or when it comes into contact with skin.

Parents who think their children may have been exposed to mercury spilled at Pitt Skate Park are urged to keep their children confined, and immediately contact Janis Goedeke, Health

Officer with the Crawford County Health Department, at 620-231-5411, to arrange for a health screening.

U.S. EPA takes action against Eqyss International to protect horses and owners from unregistered pesticides

U.S. EPA takes action against Eqyss International to protect horses and owners from unregistered pesticides

Contact Information: Margot Perez-Sullivan, (415) 947-4149, perezsullivan.margot@epa.gov

Horse products company required to pay $72,000 fine

LOS ANGELES - The U.S. Environmental Protection Agency has fined Eqyss International Inc., a Vista, Calif., retailer of horse care supplies, $72,000 for distributing four unregistered pesticides in violation of federal pesticide law.

The EPA determined that the company distributed four pesticides that were not registered with the Agency as required by the Federal Insecticide, Fungicide, and Rodenticide Act.

The illegal products included:
· Marigold Spray and Marigold Mist, two products intended to repel flies from horses;· Anti-Microbial Wrap and Blanket Wash, a product intended to kill germs and bacteria on tack and bedding for horses;· McNasty Anti-Chewing Spray, a product intended to prevent unwanted chewing by horses.

“Without proper labeling and registration, these illegal pesticides could endanger horses and their owners," said Katherine Taylor, the Associate Director of the EPA's Communities and Ecosystems Division for the Pacific Southwest region. “EPA's responsibility is to make sure that products claiming to be pesticides have been properly evaluated, and are labeled so that consumers can use them safely.”

The California Department of Pesticide Regulation discovered the products during inspections at several retail establishments in the state. The EPA then completed the investigation with an inspection at the company’s headquarters in December 2007.

Manufacturers who claim their products prevent, destroy or repel any pest must register the products as pesticides with the EPA. The Agency will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions.

Consumers should be careful to look for the EPA registration number printed on product labels, and to follow the directions for use.

For more information on pesticide regulation and enforcement, please visit the EPA's Web site at: http://www.epa.gov/compliance/civil/fifra/

EPA fines Super Store Industries for failing to notify response authorities after hazardous chemical release

EPA fines Super Store Industries for failing to notify response authorities after hazardous chemical release

Contact Information: Wendy Chavez, 415/947-4248, chavez.wendy@epa.gov

Agency seeks $20,000 after delay in reporting ammonia leak

SAN FRANCISCO – The U.S. Environmental Protection Agency recently fined Super Store Industries $20,280 for failing to immediately notify the proper authorities after an ammonia release at its facility located at 199 Red Top Road in Fairfield, Calif..

On Aug. 25, 2007, approximately 242 pounds of anhydrous ammonia leaked into the environment within a 24-hour period. The company notified the California Office of Emergency Services 11 hours later, the Solano County Health Services Division 33 hours later, and the National Response Center 93 days later.

Federal law requires immediate notification of a reportable release in order for emergency response teams to evaluate the nature and extent of a hazardous substance release, prevent exposure and minimize consequences. The reportable quantity for ammonia is 100 pounds.

“Companies put first responders and others at risk when they don’t immediately report toxic chemical releases,” said Dan Meer, the EPA’s Superfund associate director for the Pacific Southwest region. “This information needs to be provided quickly so that authorities can take the proper precautions in responding to an emergency.”

An equipment failure in a refrigeration unit allowed the release of anhydrous ammonia. The company has since made modifications at the facility and changed notification procedures to ensure that any future accidental releases would be easier to curtail and immediately reported.

Exposure to high concentrations of ammonia can cause severe burns on the skin, eyes, throat and lungs. Breathing low levels of ammonia can cause coughing, as well as nose and throat irritation. Ammonia also plays a role in the formation of particulate air pollution, which has been linked to numerous health problems, including chronic bronchitis and lung disease.

For more information on the Emergency Planning and Community Right-To-Know Act, please visit: http://www.epa.gov/oem/content/epcra/index.htm

The FDA is sifting safety data on Johnson & Johnson's EPOETIN drug

The FDA is sifting safety data on Johnson & Johnson's epoetin drug, which has come under a red flag thanks to a German stroke study.

The study was testing high doses of Eprex (sold in the U.S. as Procrit) as a treatment for stroke patients. But it turns out that patients taking the J&J anemia drug appeared more likely to die than patients treated with placebo were. Some 14 percent of the Eprex patients died, versus 9 percent of the control group.

J&J took a proactive stance on this data: It notified the FDA of the findings last week. Now, the agency is taking a look at the German trial. It's also going to monitor several other ongoing trials that are testing the neurological effects of epoetin alfa, which also is sold by Amgen under the name Epogen.

As you know, this isn't the first time anemia drugs have come under the safety spotlight. In July, the FDA added warnings to this class of meds, aimed at limiting their use in cancer patients.

Studies had shown that the drugs might cause tumors to spread and raise the risk of bleeding, too. Patients whose cancer is curable shouldn't use them, an FDA advisory panel said.

FDA Updates Health Information Advisory on Melamine Contamination

FDA Updates Health Information Advisory on Melamine Contamination

The U.S. Food and Drug Administration (FDA) is alerting consumers that seven Mr. Brown instant coffee and milk tea products are being recalled by the Taiwanese company, King Car Food Industrial Co. Ltd., due to possible contamination with melamine.

The recalled products are:
Mr. Brown Mandheling Blend Instant Coffee (3-in-1)
Mr. Brown Arabica Instant Coffee (3-in-1)
Mr. Brown Blue Mountain Blend Instant Coffee (3-in-1)
Mr. Brown Caramel Macchiato Instant Coffee (3-in-1)
Mr. Brown French Vanilla Instant Coffee (3-in-1)
Mr. Brown Mandhling Blend instant Coffee (2-in-1)
Mr. Brown Milk Tea (3-in-1)

The FDA recommends that consumers not consume any of the above Mr. Brown instant coffee and milk tea products. The FDA also recommends that retailers and foodservice operators remove the products from sale or service.

As of September 25, 2008, the FDA testing of milk based products imported into the United States from China has not found melamine contamination.

The FDA is working with regulatory agencies in other countries. The New Zealand Food Safety Authority reports that its testing of White Rabbit Creamy Candies has shown melamine contamination at high levels. In light of the widespread contamination of milk and milk-based products in China and the New Zealand Food Safety Authority’s finding, the FDA recommends that consumers not eat White Rabbit Creamy Candy and that retailers and foodservice operations remove the product from sale or service.To date, the FDA is not aware of any illnesses in the United States stemming from consumption of either White Rabbit Creamy Candy or the Mr. Brown instant coffee and milk tea products.

Individuals who have experienced any health problems after consuming either White Rabbit Creamy Candy or any of the identified Mr. Brown coffee and tea products are advised to contact their health care professional.

BackgroundOn September 12, 2008, in light of reports from China of melamine contaminated infant formula, the FDA issued a Health Information Advisory to assure the American public that there is no known threat of contamination in infant formula manufactured by companies that have met the requirements to sell such products in the United States. That advisory also warned members of Chinese communities in the United States that infant formula manufactured in China, possibly available for purchase at Asian markets, could pose a risk to infants.

The FDA had contacted the companies who manufacture infant formula for distribution in the United States and received, from the companies, information that they are not importing formula or sourcing milk-based materials from China.

At the same time, the FDA—in conjunction with state and local officials—began a nation-wide investigation to check Asian markets for Chinese manufactured infant formula that may have been brought into the United States. In particular, this effort focused on areas of the country with large Chinese communities, such as Los Angeles, San Francisco, Seattle and New York. To date, investigators have visited more than 1,400 retail markets and have not found Chinese infant formula present on shelves in these markets.

The FDA also advises consumers not to purchase infant formula manufactured in China from Internet sites or from other sources.

The FDA has taken, and will continue to take, proactive measures to help ensure the safety of the American food supply. In conjunction with state and local officials, the FDA will continue to check Asian markets for food items that are imported from China and that could contain a significant amount of milk or milk proteins. In addition, the FDA has broadened its domestic and import sampling and testing of milk-derived ingredients and finished food products containing milk, such as candies, desserts, and beverages that could contain these ingredients from Chinese sources. Milk-derived ingredients include whole milk powder, non-fat milk powder, whey powder, lactose powder, and casein.

In addition to state and local governments, the FDA is working in close cooperation with Customs and Border Protection within the U.S. Department of Homeland Security, the U.S. Department of Agriculture, other federal agencies, and foreign governments.