Enforcement
Civil Cases and Settlements by Statute
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Definitions:
Air: CAA | Water: CWA , MPRSA , OPA , SDWA | Waste & Chemical: AHERA , CERCLA , EPCRA , FIFRA , RCRA , TSCA
Air: CAA | Water: CWA , MPRSA , OPA , SDWA | Waste & Chemical: AHERA , CERCLA , EPCRA , FIFRA , RCRA , TSCA
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Federal Insecticide, Fungicide, and Rodenticide Act
| Respondent | Description | Type of Order | Date |
|---|---|---|---|
| Kemira Group Settlement | The U.S. Environmental Protection Agency (EPA) announced that it reached a settlement with two subsidiaries of the Kemira Group for violations of chemical and pesticide laws. | Consent Agreement and Final Order | 1/24/2013 |
| Scotts Miracle-Gro Company Settlement | Scotts Miracle-Gro Company (Scotts) will pay over $6 million penalty and spend $2 million on environmental projects under a settlement that resolves violations under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Scotts distributed or sold unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. This is the largest civil settlement under FIFRA to date. | Consent Agreement and Final Order | 9/7/2012 |
| Dow AgroScience, LLC - Imports | A 17,000 kg shipment of 680-25 kg bags of “FORE 80 WP Rainshield Specialty Fungicide” was denied entry/refused delivery. Pesticide product was deemed misbranded. | Import Refusal | 3/28/2012 |
| Cheminova, Inc. - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) to Cheminova, Inc. for distribution (importation) of a misbranded pesticide, “Zoro Miticide Insecticide” (EPA Reg. No. 67760-71). The imported product was illegal because the product label differed from the EPA-accepted label, specifically the Storage and Disposal section. The SSURO affected over 46,804 pounds of violative pesticide product. Cheminova, Inc. agreed to relabel the product and agreed to pay a $5,800 civil penalty to address the alleged distribution of a misbranded pesticide. | Administrative Penalty Order | 3/27/2012 |
| Alen USA - Imports | A shipment of “Pinalen” and “Xtra Pine” was denied entry/refused delivery. Pesticide products were deemed misbranded. | Import Refusal | 3/23/2012 |
| Dow AgroScience, LLC - Imports | A shipment of “Dithane F-45 Rainshield Fungicide” was denied entry/refused delivery. Product was deemed misbranded. Company will export product to Canada for relabeling. | Import Refusal | 3/23/2012 |
| ABF Labs - Imports | 42 drums of “Raw Material PMD Pure” (EPA Reg. No. 4822-499) were denied entry/refused delivery. Product was deemed misbranded. | Import Refusal | 3/21/2012 |
| World Factory, Inc. - Imports | 1,800 pieces of SunEnergy “Citronella Candle Sticks” were denied entry/refused delivery. Product was deemed an unregistered pesticide. | Import Refusal | 3/19/2012 |
| Blocean Imports | A Notice of Warning was issued for filing a Notice of Arrival that contained inaccurate information. | Notice of Warning | 3/15/2012 |
| MRI Global - Imports | A Notice of Warning was issued for failure to file a Notice of Arrival prior to the arrival of a research and development product into the United States. | Notice of Warning | 3/7/2012 |
| Cheminova, Inc. - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) to Cheminova, Inc. for distribution (importation) of a misbranded pesticide, “Zoro Miticide Insecticide” (EPA Reg. No. 67760-71). The imported product was illegal because the product label differed from the EPA-accepted label, specifically the Storage and Disposal section. The SSURO affected over 46,804 pounds of violative pesticide product. Cheminova, Inc. agreed to relabel the product and agreed to pay a $5,800 civil penalty to address the alleged distribution of a misbranded pesticide. | Stop Sale, Use or Removal Order | 3/6/2012 |
| Ag Specialties, LLC - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) to Ag Specialties, LLC for distribution (importation) of a misbranded pesticide, “StrikeOut Extra” (EPA Reg. No. 81142-3). The imported product was illegal because the full product label was not prominently placed or securely attached to the pesticide container. The SSURO affected over 475,470 pounds of violative pesticide product. | Stop Sale, Use or Removal Order | 3/5/2012 |
| BASF Corporation - Imports | EPA determined BASF Corporation illegally imported a misbranded product, “Poast Manufacturer Concentrate” (EPA Reg. No. 7969-56). The imported product was illegal because the label on this product contained information that conflicted with the EPA-accepted label. BASF agreed to relabel the violative product, prepare and implement a compliance monitoring plan to prevent or eliminate any future violations of FIFRA, and pay a $7,500 civil penalty. | Administrative Penalty Order | 3/1/2012 |
| Nufarm Americas, Inc. - Imports | EPA determined that Nufarm Americas, Inc. illegally imported five misbranded pesticide products; Bromoxynil Mixed Ester (EPA Reg. No. 264-533), Bromoxynil Octanote (EPA Reg. No. 264-442), Dichlorprop-P Technical Acid (EPA Reg. No. 15440-24), MCPA Technical Acid (EPA Reg. No. 70596-1), and Nufarm USA 2, 4-D Acid (EPA Reg. No. 61272-3). The imported products were illegal because the labels on the products either contained information that conflicted with the EPA-accepted label or had claims that substantially differed from the claims made as part of the product registration under FIFRA. Nufarm agreed to relabel the violative products, prepare and implement a compliance monitoring plan to prevent or eliminate any future violations of FIFRA, and pay a $105,000 civil penalty. | Administrative Penalty Order | 3/1/2012 |
| BASF - Imports | A Notice of Warning was issued for filing a Notice of Arrival that contained inaccurate information. | Notice of Warning | 2/10/2012 |
| United Industries - Imports | A Notice of Warning was issued for failure to file a Notice of Arrival prior to the arrival of a pesticide device into the United States. | Notice of Warning | 2/1/2012 |
| Sharda USA, LLC - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) for the distribution (importation) of a misbranded product, “Sharda Fomesafen Technical Herbicide” (EPA Reg. No. 82633-5). The imported product was illegal because the correct EPA Registration Number was not on the product’s label. The SSURO was lifted in February 2012 after the importer provided verification that the product had been appropriately relabeled at an EPA registered establishment. | Stop Sale, Use or Removal Order | 1/27/2012 |
| ABF Lab Plant #2 - Imports | 42 drums (180 kgs.) of “Raw Material PMD Pure” (EPA Reg. No. 4822-499) were denied entry/refused delivery. Product was deemed misbranded. | Import Refusal | 1/26/2012 |
| Dow AgroScience, LLC - Imports | 40 400-kilogram bags of “4-amino-3, 5, 6-trichloropicolinic acid” were denied entry/refused delivery. Product was deemed an unregistered pesticide. | Import Refusal | 1/25/2012 |
| Reinforcements Systems - Imports | A shipment of “Grotan OK Plus” was denied entry/refused delivery. Pesticide product was deemed unregistered. | Import Refusal | 1/25/2012 |
| Sussex IM - Imports | 72 cartons of “OFF! Repellant Pad” (EPA Reg. No. 4822-469) and 120 cartons of “OFF! Insecticide Pad” were denied entry/refused delivery. The “OFF! Repellant Pad was misbranded and “OFF! Insecticide Pad contained false and misleading statements. | Import Refusal | 1/25/2012 |
| Haviland Products Company - Imports | One 1,000 kilogram container of “Durachlor Granular” (EPA Reg. No. 57787-6) was denied entry/refused delivery. Product was deemed misbranded. | Import Refusal | 1/19/2012 |
| Ariel Premium Supply, Inc. - Imports | 100 cartons of “Insect Repellant Wipes” and 100 cartons of “Anti-Bacterial Wipes” were denied entry. Products deemed to be unregistered pesticides. | Import Refusal | 1/17/2012 |
| Agrium Advanced Technologies - Imports | 44,000 pounds of “Signature” (EPA Reg. No. 62719-504-34704) was denied entry/refused delivery. Product was deemed misbranded. | Import Refusal | 1/9/2012 |
| United Phosphorus, Inc. - Imports | EPA issued two separate Stop Sale, Use or Removal Orders (SSUROs) to United Phosphorus, Inc. for the distribution (importation) of five shipments of a misbranded pesticide, “Asulox” (EPA Reg. No. 70506-139). The imported product was illegal because the product label differed from the EPA-approved label. United Phosphorus, Inc. took steps to re-label the product and obtained a release from the SSUROs. United Phosphorus, Inc. agreed to pay a total of $14,600 civil penalty to address the distribution of a misbranded pesticide. | Administrative Penalty Order | 1/4/2012 |
| Nissco America, Inc. - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) to Nissco America, Inc. for failure to submit a Notice of Arrival form to EPA and for distribution (importation) of 44 drums of misbranded pesticide product (8,800lbs of violative product). | Stop Sale, Use or Removal Order | 12/28/2011 |
| United Phosphorus, Inc. - Imports | EPA issued two separate Stop Sale, Use or Removal Orders (SSUROs) to United Phosphorus, Inc. for the distribution (importation) of five shipments of a misbranded pesticide, “Asulox” (EPA Reg. No. 70506-139). The imported product was illegal because the product label differed from the EPA-approved label. United Phosphorus, Inc. took steps to re-label the product and obtained a release from the SSUROs. United Phosphorus, Inc. agreed to pay a total of $14,600 civil penalty to address the distribution of a misbranded pesticide. | Stop Sale, Use or Removal Order | 12/12/2011 |
| United Phosphorus, Inc. - Imports | EPA issued two separate Stop Sale, Use or Removal Orders (SSUROs) to United Phosphorus, Inc. for the distribution (importation) of five shipments of a misbranded pesticide, “Asulox” (EPA Reg. No. 70506-139). The imported product was illegal because the product label differed from the EPA-approved label. United Phosphorus, Inc. took steps to re-label the product and obtained a release from the SSUROs. United Phosphorus, Inc. agreed to pay a total of $14,600 civil penalty to address the distribution of a misbranded pesticide. | Administrative Penalty Order | 12/8/2011 |
| United Phosphorus, Inc. - Imports | EPA issued two separate Stop Sale, Use or Removal Orders (SSUROs) to United Phosphorus, Inc. for the distribution (importation) of five shipments of a misbranded pesticide, “Asulox” (EPA Reg. No. 70506-139). The imported product was illegal because the product label differed from the EPA-approved label. United Phosphorus, Inc. took steps to re-label the product and obtained a release from the SSUROs. United Phosphorus, Inc. agreed to pay a total of $14,600 civil penalty to address the distribution of a misbranded pesticide. | Stop Sale, Use or Removal Order | 11/21/2011 |
| Douglas Products and Packaging, LLC - Imports | EPA determined that Douglas Products and Packaging, LLC failed to submit to EPA a Notice of Arrival prior to importing a shipment of 50,000 pounds of aluminum phosphide fumigant, a registered pesticide. The company agreed to pay a $6,237 civil penalty. | Administrative Penalty Order | 11/18/2011 |
| Virbac - Imports | A Notice of Warning was issued for failure to file a Notice of Arrival prior to the arrival of a shipment of EPA Reg. No. 2382-104 into the United States. | Notice of Warning | 11/13/2011 |
| Borate Plus, Inc. - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) for the distribution (importation) of a misbranded pesticide, “Borate Supreme” (EPA Reg. No. 87445-1). The imported product was illegal because the product label differed from the EPA-approved label. Borate Plus Inc. took steps to re-label the product. In October 2011, they agreed to pay a $ 2,800 civil penalty to address the distribution of misbranded pesticides. | Administrative Penalty Order | 10/19/2011 |
| Borate Plus, Inc. - Imports | EPA issued a Stop Sale, Use or Removal Order (SSURO) for the distribution (importation) of a misbranded pesticide, “Borate Supreme” (EPA Reg. No. 87445-1). The imported product was illegal because the product label differed from the EPA-approved label. Borate Plus Inc. took steps to re-label the product. In October 2011, they agreed to pay a $ 2,800 civil penalty to address the distribution of misbranded pesticides. | Stop Sale, Use or Removal Order | 9/23/2011 |
| E. I. du Pont de Nemours and Company Imprelis Order | EPA issued a Stop Sale, Use or Removal Order (SSURO) to the E.I. du Pont de Nemours and Company (DuPont) for potential violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and ordered DuPont to immediately cease the distribution, sale, use or removal of Imprelis Herbicide products under its ownership, control, or custody. Within ten days of receipt of the Order, DuPont must submit to EPA a product inventory, a listing of the distributors and direct-sales customers, and product distribution and sale information. | Stop Sale, Use or Removal Order | 8/11/2011 |
| E.I. DuPont de Nemours and Company (PDF) | The U.S. Environmental Protection Agency (EPA) today issued letters asking DuPont to show cause regarding its distribution and sale of DuPont's Imprelis herbicide in response to widespread incidents of severe tree damage associated with the use of that product. | Letter | 8/3/2011 |
| American Vanguard Corporation Order | American Vanguard Corporation (AMVAC) and AMVAC Chemical Corporation have been issued a Stop Sale, Use or Removal Order (SSURO) for potential violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA took enforcement action after EPA laboratory analysis of AMVAC’s registered pesticide product, Technical Grade PCNB 95%, revealed the presence of highly toxic impurities EPA considers to be of toxicological significance. | Stop Sale, Use or Removal Order | 8/12/2010 |
| Monsanto Company FIFRA Settlement Information Sheet | Washington, DC - July 8, 2010) - The U.S. Environmental Protection Agency announced that Monsanto Company Inc., of St. Louis, Missouri, has agreed to pay a $2.5 million penalty to resolve misbranding violations related to the sale and distribution of cotton seed products containing genetically engineered pesticides. This is the largest civil administrative penalty settlement ever received under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). | Consent Agreement and Final Order | 7/8/2010 |
| EPA orders Scotts to stop selling certain pesticides | (Chicago, Ill. - April 23, 2008) U. S. Environmental Protection Agency Region 5 today issued a "stop sale, use or removal" order against Scotts Miracle Gro Co. and three affiliates, all of Marysville, Ohio, for illegal, unregistered and misbranded pesticides. EPA will also issue a stop sale order to Scotts Lawn Care Service. Scotts has agreed to recall these products from all retail locations across the United States and to set up a process for consumers to safely return any unregistered products they may have purchased. | Stop Sale, Use or Removal Order | 4/23/2008 |
| Martex Farms Administrative Law Decision | (Washington, D.C. - Feb. 1, 2007) - EPA today applauds a legal victory against Martex Farms, a Puerto Rican company, for violating the worker protection provisions of U.S. pesticide laws. The company has been ordered to pay a total penalty of $92,620, which is the second highest penalty ever assessed under EPA's worker protection standard, which is authorized by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). “This is an important legal win for EPA and a major step forward for environmental enforcement,” said Granta Nakayama, Assistant Administrator for EPA's enforcement and compliance program. “We will continue enforcing EPA's regulations to protect agricultural workers from unnecessary exposure to pesticides.” | Administrative Law Decision | 2/1/2007 |
| Syngenta Consent Agreement | (Washington, D.C. - Dec. 21, 2006) Syngenta Seeds, Inc. of Golden Valley, Minn., has agreed to pay a $1.5 million penalty to EPA for selling and distributing seed corn that contained an unregistered genetically engineered pesticide called Bt 10. While the federal government has concluded that there are no human health or environmental concerns with Bt 10 corn, it is still illegal to distribute any pesticide not registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). "This action shows that when a company violates the law by distributing unapproved pesticides, EPA vigorously enforces the law," said Granta Y. Nakayama, EPA's assistant administrator for Enforcement and Compliance Assurance. | Consent Agreement | 12/21/2006 |