George's Pest Control Service, a Division of Cardiff Pest Control, a Corporation v. United States Environmental Protection Agency
Opinion
Opinion
The Regional Administrator of the Environmental Protection Agency found the petitioner had violated the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 135 , et seq. (Supp. V 1975), and assessed a civil penalty of $1,000. Section 136j(a)(2)(G) of Title 7 proscribes the use of “any registered pesticide in a manner inconsistent with its labeling.” Petitioner contends that the EPA failed to adduce sufficient evidence to prove a violation of that section. The decision and order of the Administrator must be sustained if it is supported by a substantial evidence, when considered on the record as a whole. 7 U.S.C. § 136n(b) (Supp. V 1975). We affirm.
The record demonstrates that an employee of petitioner sprayed either DIAZINON 4S or DIAZINON 4E in the interior of a retail meat market. DIAZINON 4S and 4E are EPA registered pesticides and carry the following cautionary label:
The record contains substantial evidence to support the following conclusions: (1) the employee, in applying the pesticide, held the nozzle of the applicator eight to twelve inches away from crevices at the intersection of the wall and the floor and saturated a portion of the wall as a result [Record…