U.S. EPA Region IX appeals an Initial Decision of thePresiding Officer assessing a $ 5,000 penalty against Sav-Mart, Inc. Sav-Mart admitted liability for four violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq., and the Region had sought a penalty of $ 20,000. On appeal, the Region asserts that the Presiding Officer erred in three respects.