CASE SUMMARY - Office of Indiana State Chemist

CASE SUMMARY
Case #2005/0442
Complainant:
Applicator:
Tom Neltner
5244 Carrollton Avenue
Indianapolis, IN 46220
317-442-3973
Sears Hardware
10400 E. US 36
Avon, IN 46123
1. On June 30, 2005, the Office of Indiana State Chemist (OISC) received
information from Tom Neltner, Executive Director of Improving Kid’s
Environment (IKE), that on April 22, 2005, a representative of his organization
was given pesticide advice from an employee of Sears Hardware located at 10400
E. US 35 in Avon, Indiana.
2. OISC’s records indicate that Sears Hardware located in Avon does not have a
pesticide consultant license.
3. On July 11, 2005, I met with Karen Livingston, assistant manager for Sears
Hardware in Avon, Indiana. Initially, I attempted to see if I could get pesticide
advice from an employee but no one approached me to offer advice. I asked Ms.
Livingston a scenario question, “If needed something for grubs” what would the
Sears Hardware employee tell me. Ms. Livingston stated that employees would
recommend the product “Grub-X”.
4. Furthermore, during an inspection of the products sold at Sears Hardware, I issued
a Stop Sale for the un-registered product Ropel Bulb ProtectR, EPA Reg.# 16-
181. A sample was obtained and taken to OISC’s Formulations Lab for analysis.
Disposition: Sears Hardware was cited for violation of section 14(6) of the Indiana
Pesticide Use and Application Law for failure to comply with the Registered Consultant
Rule. A civil penalty in the amount of $250.00 was assessed for this violation.
Paul J. Kelley Date: September 9, 2005
Pesticide Investigator