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Businesses plead guilty to sale of unregistered pesticide

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Several Florida corporations and associated members pled guilty to the sale of an unregistered pesticide in October.

A Florida U.S. attorney, the U.S Environmental Protection Agency (EPA), the Florida Fish and Wildlife Conservation Commission announced that New Nautical Coatings doing business as Sea Hawk Paints and Sea Hawk Refinish Line doing business as Refinish Line Auto Supplies of Clearwater, Fla. as well as Erik Norrie, David Norrie, Jason Revie, and Tommy Craft pled guilty before a U.S. District Judge.

New Nautical Coatings and David Norrie pled guilty to willfully conspiring to corruptly obstruct the due and proper administration of law under which a pending proceeding was being had before the EPA.

Sea Hawk Refinish Line and Erik Norrie pled guilty to willfully conspiring to knowingly distribute and sell an unregistered pesticide. Jason Revie and Tommy Craft pled guilty to knowingly distributing and selling an unregistered pesticide.

Sentencing for all defendants is scheduled for December 5 with potential fines and probation.

New Nautical manufactured a marine paint called Biocop Anti-Fouling Coating which contained tributyltin methacrylate (TBT), a pesticide subject to registration with the EPA that was found to have a significant harmful effect on marine life. In March the EPA cancelled New Nautical’s registration for Biocop, making it unlawful for the company to manufacture Biocop for sale in the United States sell Biocop in the United States after December 31, 2005.

At the time, New Nautical was the last manufacturer of TBT based anti-fouling coatings in the United States.
In order to manufacture and sell Biocop after its registration was canceled, New Nautical Coatings conceived and executed a plan to produce and sell Biocop in the United States by making it appear that it had manufactured Biocop prior to December 1, 2005, and sold its inventory of the banned pesticide to distributors. In an effort to conceal New Nautical’s unlawful production and sale of Biocop from authorities, David Norrie falsely represented to an EPA inspector that New Nautical had sold its existing stock of Biocop to distributors. Additionally, after David Norrie sold 60 gallons of Biocop to a customer in Broward County, he directed that customer to tell the EPA that he did not have Biocop and that New Nautical did not sell Biocop.

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