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Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): Agriculture-Related Enforcement Cases

The following are agriculture-related enforcement cases pertaining to the Federal Insecticide, Fungicide, Rodenticide Act. Additional related enforcement cases can be found on the Worker Protection Standard (WPS) Enforcement Cases page.

EPA Enforcement Cases 2008 through present

EPA Enforcement Cases 2007

EPA Enforcement Cases 2006

EPA Enforcement Cases 2005

EPA Enforcement Cases 2004

EPA Enforcement Cases 2003

EPA Enforcement Cases 2002

EPA Enforcement Cases 2001

EPA Enforcement Cases 1999 and 2000

September 30, 2008

EPA Seeks Nearly $1 Million From 99 Cents Only Stores for Pesticide Violations
EPA filed a complaint against 99 Cents Only Stores for the alleged sale and distribution of unregistered and misbranded pesticides in multiple stores operated by the company, a violation of the Federal Insecticide, Fungicide and Rodenticide Act. EPA is seeking $969,930 in civil penalties from 99 Cents Only Stores for selling two unregistered pesticides, "Bref Limpieza y Desinfeccion Total” and “Farmer’s Secret Berry & Produce Cleaner," and a misbranded pesticide, "PIC Boric Acid Roach Killer II."

Bref Limpieza y Desinfeccion Total was imported from Mexico and made claims in Spanish that it disinfects or sanitizes surfaces. Farmer’s Secret Berry & Produce Cleaner claimed that it "inhibits mold, fungus & bacteria including E coli." Products that make surface disinfection or sanitizer claims are considered pesticides and must be registered under federal law. The third product, PIC Boric Acid Roach Killer II, had labels on eleven containers that were either inside out or upside down making them difficult to read.

"No matter what price consumers pay for products like these, the products must be registered with the EPA and labeled correctly so consumers can use them properly," said Katherine Taylor, associate director of the Communities and Ecosystems Division in the EPA’s Pacific Southwest office. "All pesticides distributors -- discounters and high-end retailers alike -- must comply with the law. This company's apparent disregard for state and federal law in its business practices has led to this enforcement action."

The California Department of Pesticide Regulation and the Nevada Department of Agriculture discovered the violations during multiple inspections from 2004 to 2008.

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September 29, 2008

EPA Fines Pesticide Distributor for Pesticide Violations
EPA has fined Bug Stop Pest Control $500 for allegedly producing an over-formulated pesticide at an unregistered establishment, violations of the Federal Insecticide, Fungicide, and Rodenticide Act. EPA cited Bug Stop Pest Control, located at 3215 East Thunderbird Road in Phoenix, Ariz., for production of the pesticide Methrin P.C. with three times the active ingredient than indicated on its labeling. In addition, the EPA cited the company for production of the pesticide Methrin P.C. in an unregistered establishment.

"Distribution of a pesticide with three times the active ingredient puts people and the environment at increased risk," said Katherine Taylor, associate director of the Communities and Ecosystems Division in the EPA’s Pacific Southwest regional office. "In addition, when a company fails to register their establishment it hampers our effectiveness in overseeing the manufacture of pesticides."

The violations were discovered as a result of an inspection performed by the Arizona Department of Agriculture in March 2007. Bug Stop voluntarily pulled the product from the shelves following notification of the lab analysis results indicating over-formulation.

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September 29, 2008

Tobacco Company To Pay $65,000 for Pesticide Misuse and Alleged Worker Safety Violations
EPA recently fined Vector Tobacco Inc. $65,040 for allegedly misusing six pesticides and failing to comply with federal pesticide worker safety laws. Vector Tobacco, a subsidiary of Vector Tobacco Group of Durham, NC, allegedly misused the pesticides Terramaster 4EC, Nemacur 3, Lorsban 4E, Prowl 3.3EC, Devrinol 50DF, and Ridomil Gold EC during their application at its agricultural research facility in Kekaha, Kauai, in 2005 and 2006. On 93 occasions, Vector Tobacco failed to follow label directions intended to protect workers from exposure to pesticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.

"Employers of agricultural workers must ensure their employees are provided with information and protections that minimize the risk of potential exposure to pesticides," said Katherine Taylor, Associate Director of the EPA's Communities and Ecosystems Division for the Pacific Southwest region. "Failure to provide these necessary safeguards is considered a serious violation."

During the pesticide applications in 2005 and 2006, Vector Tobacco failed to provide its workers and pesticide handlers with required protective equipment, pesticide information, decontamination supplies, safety training, and notification that pesticides had been applied. These safeguards are required by the federal Worker Protection Standard, which aims to reduce the risk of pesticide injuries to agricultural workers. Vector Tobacco also failed to prevent workers from entering areas where pesticides had recently been applied, and subsequently denied them prompt transportation to a medical facility after these workers reported averse health effects due to the pesticide exposure.

The Hawaii Department of Agriculture discovered the violations during inspections performed in March and June of 2006. Worker complaints triggered the initial investigation. Since the inspections, Vector Tobacco has shut down the Kekaha facility.

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September 29, 2008

EPA Settles With Registered Pesticide Producer, Protects Public From Mislabeled Product
EPA has settled with Westbridge Agricultural Products of Vista, Calif., for $23,400 for allegedly distributing a pesticide that lacked important safety information and directions for use. Through an inspection in December 2007, EPA determined that Westbridge Agricultural Products, a registered pesticide producer located at 1260 Avenida Chelsea, distributed “Soil Triggrr” using pesticide labels not currently accepted by EPA, which failed to list proper first aid and human hazards. Under Federal Insecticide, Fungicide, and Rodenticide Act regulations, “Soil Triggrr” is considered a pesticide and is registered with EPA. The product is designed to improve the growth of a wide variety of agricultural commodities.

"Pesticide labels communicate to the public the risks and preventive measures to take when using these products,” said Katherine Taylor, associate director of the Communities and Ecosystems Division of the EPA’s Pacific Southwest office. "Pesticide producers are required to use only labels that have been accepted by EPA and to keep those labels updated."

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September 29, 2008

EPA Acts To Protect Horses and Owners From Unregistered Pesticides
EPA has fined Eqyss International Inc., a Vista, Calif., retailer of horse care supplies, $72,000 for distributing four unregistered pesticides in violation of federal pesticide law. EPA determined that the company distributed four pesticides that were not registered with the Agency as required by the Federal Insecticide, Fungicide, and Rodenticide Act. The illegal products included:

"Without proper labeling and registration, these illegal pesticides could endanger horses and their owners,: said Katherine Taylor, the Associate Director of the EPA's Communities and Ecosystems Division for the Pacific Southwest region. "EPA's responsibility is to make sure that products claiming to be pesticides have been properly evaluated, and are labeled so that consumers can use them safely."

The California Department of Pesticide Regulation discovered the products during inspections at several retail establishments in the state. The EPA then completed the investigation with an inspection at the company’s headquarters in December 2007.

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September 25, 2008

EPA Fines Nevada Wholesaler for Allegedly Selling Unregistered Water Cleaning Product
EPA recently fined Thermwell Products Co., Inc., $5,200 for allegedly selling an unregistered water cleaning product with labels claiming the product eliminates bacteria and removes common bacteria in air conditioners, humidifiers, dehumidifiers and refrigerators, a violation of federal law.

Disinfectants and products that control bacteria are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. In 2006, the company distributed and sold Frost King Double Strength Pan-Tablets to Lowes with labels making claims that would require registration as pesticides with EPA.

"Our message is clear—if you manufacture or distribute a product that claims to disinfect, kill, control or remove bacteria, it must be registered as a pesticide," said Katherine Taylor, associate director of the EPA’s Communities and Ecosystems Division of EPA Southwest Regional Office "Registration ensures that labels include use directions and safety precautions designed to limit risks to people and the environment."

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September 24, 2008

EPA Acts To Protect Public From Unregistered Pesticides
EPA today filed a complaint against Scottsdale, Ariz.-based Unelko Corporation for the alleged sale and distribution of seven unregistered pesticides in violation of the Federal Insecticide, Fungicide and Rodenticide Act. EPA is seeking penalties of up to $53,950 from Unelko Corporation for offering for sale the following seven unregistered pesticides: Eliminate Stainless Shine 3-in-1 Surface Care, Eliminate 3-in-1 Sani-Shield Antimicrobial Surface Barrier, Eliminate Sani-Shield 3-in-1 Surface Care, 1 Step Clean & Shield Bath Scrub, 1 Step Clean & Shield Bathroom Care, 1 Step Clean & Shield Surface Care, and Eliminate Sani-Scrub 3-in-1 Surface Care. In addition, Unelko Corporation, located at 14641 N. 74th Street, twice failed to provide the state and EPA with access to documents relating to the shipment of these antimicrobial cleaning products.

"Companies must ensure that products that claim to act as antimicrobials are registered with the EPA," said Katherine Taylor, Associate Director of the EPA’s Communities and Ecosystems Division for the Pacific Southwest region. "Without the required registrations, we have no information on the potential effects of these products, which could result in serious harm to public health and the environment. Moreover, without shipment information, we do not know where these unregistered products ended up."

The nine violations were identified through an Arizona Department of Agriculture inspection conducted on behalf of the EPA in November 2007.

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September 19, 2008

EPA Reaches Agreement with Pesticide Manufacturers on Federal Pesticide Rules Violations
The Southeast office of EPA (EPA Region 4) has settled an administrative penalty case against E.I. duPont de Nemours and Company (Dupont) and Griffin LLC Valdosta, GA (Griffin) for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to the terms of the settlement, Dupont and Griffin collectively will pay a total civil penalty of $877,500, and will undertake corrective actions to ensure that the violations do not recur. Dupont and Griffin manufacture, market, and sell a variety of pesticide products. These products are sold to farmers in the United States for use on cotton and tobacco.

“By law, pesticides must be properly labeled and registered,” said Beverly Bannister, EPA's Air, Pesticides, and Toxics Management Division Director in Atlanta. “This helps ensure the safe use of pesticides and reduces risks to human health and the environment.”

Based on a review of pesticide importation records and inspections conducted by EPA and the Georgia Department of Agriculture at Dupont’s pesticide production facility in Valdosta, GA, EPA determined that Dupont and Griffin LLC had been importing a registered pesticide active ingredient, ethephon, from a non-approved manufacturing facility in China, and that the composition of the ethephon differed from the composition specified in the statement of formula set out in the registration. As a result, the composition of two end-use products manufactured by the companies, Super Boll and CottonQuik, differed from the compositions specified in EPA’s approved registrations for those products. The original registrant, Griffin Corporation, began importing the active ingredient from the unapproved facility in 1996. In 1998, Griffin Corporation and Dupont formed Griffin LLC and in 2003, Dupont acquired 100% interest in Griffin LLC. Both Griffin LLC and Dupont continued the practice of importing the ethephon from the unapproved source in China.

EPA also determined that the containers of ethephon imported from China were misbranded in that they stated the incorrect percentage of the active ingredient ethephon contained in the product. Additionally, analytical results from samples of the end-use products Superboll and CottonQuik showed that they contained ethephon in concentrations exceeding the allowable certified limits specified in their registrations. After EPA notification in April 2005 that it was in violation of FIFRA, Dupont filed a registration amendment for the active ingredient to indicate the new source and to revise the formulation. Dupont recently sold the registrations for these products to another company.

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September 18, 2008

EPA Settles Pesticides Violations With Pennsylvania Chemical Manufacturer
EPA and Paradigm Labs, Inc., of Pine Grove, Pa., have settled alleged violations of the federal law governing the manufacture and use of pesticides. Paradigm, a manufacturer of chemicals including dry-cleaning products, will pay a $24,000 penalty. EPA alleged that Paradigm violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in seven sales of an unregistered pesticide and seven sales of a misbranded pesticide. The 14 violations pertain to three different pesticidal products -- Microbloc MMR, DSP and MSE. These products were used as surface protectants to prevent the growth of microorganisms such as mold, mildew, fungus, algae, bacteria and viruses.

As part of the settlement, Paradigm neither admitted nor denied liability for the alleged violations, but has certified that it is now in compliance with FIFRA requirements.

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September 10, 2008

Nevada Chemical Company Pays $29,100 in Penalties for Pesticide Violations
EPA has fined the Sparks, Nev.-based company Sierra Chemical Co. $29,100 for the alleged misuse of a pesticide and for distributing a pesticide with two different EPA registration numbers – violations of federal pesticide law.

The Sierra Pure Chlor label states, "mix only with water according to label directions." During a delivery of the product to a community swimming pool in Reno, a Sierra Chemical Co. employee allegedly misused Sierra Pure Chlor by mixing it with muriatic acid. The improper mixture created a strong chlorine gas that caused the evacuation and transportation of swimmers to local hospitals.

“Companies that service swimming pools must ensure that label directions are followed and precautions taken to ensure harm does not occur,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “In this case, failure to follow label directions resulted in a hazardous situation.”

In addition, Sierra Pure Chlor was distributed on five occasions to various pool supply stores and municipalities with two different registration numbers on the bottles, one which correctly identified the product and one which incorrectly identified the product.

The Nevada Department of Agriculture and the California Department of Pesticide Regulation identified the violations during multiple inspections.

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September 9, 2008

EPA Fines Hawaiian Agribusiness for Pesticide Violations
EPA recently announced a settlement with Syngenta Seeds, Inc., for $17,550 in fines for alleged violations of federal pesticide regulations. The settlement is part of three separate administrative complaints totaling $284,050 in civil penalties with Syngenta Crop Protection, Inc., and Syngenta Seeds, Inc., for violations of the Federal Insecticide, Fungicide and Rodenticide Act. EPA Region 4 in Atlanta consolidated the violations throughout the United States to emphasize the need for quality control in all aspects of pesticide production and distribution.

EPA found alleged pesticide worker protection violations by Syngenta Seeds, Inc., in Kekaha, Kauai. These violations include failing to store all personal protective equipment separately from clothing and apart from pesticide-contaminated areas, and failing to post the spraying of the pesticide Liberty at its Central Notification Site.

Syngenta Seeds, Inc. also settled alleged violations including use of a pesticide contrary to a provision of an Experimental Use Permit (EUP) issued by EPA. EPA alleged that the company had not obtained a State permit or license from the Commonwealth of Puerto Rico prior to the shipment and/or use of a corn that was the subject of the EUP.

The other settlements include:

- Syngenta Crop Protection, Inc. agreed to pay a penalty of $196,300 for alleged violations involving two products. The settlement agreement resolved alleged violation of distributing Mesotrione Wet Paste with ingredients that differed in composition from the formula submitted to the U. S. Environmental Protection Agency. Mesotrione Wet Paste is produced in Syngenta Crop Protection, Inc’s Bucks, AL facility. The settlement agreement also resolved alleged advertising violations of the pesticide Lumax Selective Herbicide because television commercials aired in the Midwest did not include the classification that it was a restricted-use pesticide.

- Syngenta Crop Protection, Inc. self-disclosed additional violations under EPA’s Audit Policy regarding written advertisements for restricted use pesticides and paid a penalty of $70,200.

FIFRA regulates the sale, distribution, and use of pesticides within the United States. Importers, distributors, and retailers, are required by federal law to ensure that any pesticides they distribute have been registered with EPA and comply with FIFRA.

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August 26, 2008

Three Southern California Businesses Pay Over $59,000 for Distributing Unregistered Korean Pesticides
EPA recently settled with two Southern California importers and a supermarket for a total of $59,040 for the alleged sale or distribution of unregistered Korean pesticides, a violation of federal pesticide law. The settlements included:

All of the products sold were imported from Korea and made either English or Korean-language claims to disinfect or sanitize surfaces. Disinfectants and sanitizers are considered “pesticides” under the Federal Insecticide, Fungicide, and Rodenticide Act, and must be registered with EPA.

“Companies must be aware that products intended to kill or control germs need to be registered as pesticides,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest office. “EPA will continue to pursue violators of the law to ensure that these products do not make misleading and unverifiable claims.”

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August 25, 2008

Wilco-Winfield LLC Agrees To Pay Over $18,000 for Violating Federal Pesticide Rules
Today, EPA reached an $18,400 settlement with Wilco-Winfield, LLC (WWL) (formerly Wilco-Farmers/Agriliance) for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). WWL had been producing pesticides in an unregistered establishment and selling pesticides which were misbranded. The FIFRA violations had been occurring for at least the past three years (2005, 2006, and 2007). WWL’s unregistered facility, located at 13007 Downs Road in Mt. Angel, Oregon had been using the establishment number that was assigned to another facility located at 190 South Main Street in Mt. Angel, Oregon. The Main Street facility was owned by WWL, but had been inactivated since 2000.

“Production of any pesticides at the Downs Road facility was in violation of FIFRA since this facility was not registered,” said Chad Schulze, EPA’s Region 10 FIFRA Enforcement Officer in Seattle. “Furthermore, these pesticides produced at the Downs Road facility were misbranded because they bore an invalid, inactive EPA establishment number. These numbers help EPA track the type, amount, and location of pesticides being produced and sold in the U.S.”

EPA has worked with WWL to ensure that all of their establishments are registered according to Section 7 of FIFRA and that they are submitting the required annual reports.

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July 15, 2008

Landscaping Business Fined $12,300 After Misused Pesticides Reach Northern California Waterway
EPA has fined a Houston-based landscaping service company $12,300 for causing two pesticides to enter a tributary of the Klamath River after employees failed to follow pesticide label instructions -- violations of the Federal Insecticide, Fungicide and Rodenticide Act and the Clean Water Act. In April 2007, Trees, Inc. sprayed pesticides Direx 4L and Garlon 4 in a pool of water abutting Junior Creek, which feeds into the Klamath River on the Resighini Rancheria tribal lands in Northern California. Both pesticide labels prohibit applicators from applying the products directly to water or to areas where surface water is present.

“Klamath River watershed, from the Oregon border to the Pacific Ocean, supports several native fish species, including coho and steelhead salmon,” said Alexis Strauss, director of the Water Division for the Pacific Southwest region. “EPA is committed to working with the tribe and California to enforce federal laws to protect these valued resources.”

The Resighini Rancheria notified EPA of the violations, who then investigated the company’s pesticide application. The tribe provided EPA with water sampling and testing results, which later showed both pesticides had entered Junior Creek.

Pesticides that are registered for use in the United States must include labeling that provides directions for use and other information necessary to protect human health and the environment. FIFRA requires that pesticide applicators comply with labeling directions during commercial pesticide applications to protect workers, the surrounding community and the environment

The CWA requires companies that discharge into waterways to obtain a pollutant discharge permit, which contain limits on discharges, monitoring and reporting requirements, and other provisions to ensure that water quality and human health are protected. By not following label directions and allowing the pesticides to reach the stream, Trees, Inc. also violated the CWA in lacking a permit to discharge.

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July 2, 2008

California Company Settles With EPA for $171,600 for Selling Unregistered Japanese Pesticides
EPA settled with a Torrance, Calif. company for $171,600 for allegedly selling unregistered, imported Japanese pesticides at its San Jose, Calif. location. In June 2007, EPA inspectors discovered that Mitsuwa Corporation sold 33 unregistered products from Japan, including “Kao Magic Clean” for bath and toilets and “Lion Clean Clean Kitchen,” at its Mitsuwa Marketplace store. The antimicrobial products claimed to control bacteria, mold and germs.

“If a company is going to sell pesticides they must be sure that the products are registered and meet all federal and state regulations,” said Katherine Taylor, EPA’s associate director for agriculture for EPA’s Pacific Southwest region. “Without products going through the proper EPA registration process, we cannot be sure what they contain and whether they are properly packaged and labeled.”

Since the violations were discovered, the company has cooperated with EPA’s investigation and promptly discontinued all sales of the unregistered products. Manufacturers, distributors and retailers are all responsible for ensuring that pesticides sold in the U.S. fully comply with the Federal Insecticide, Fungicide, and Rodenticide Act, which regulates the sale, distribution, and use of pesticides within the United States.

FIFRA requires companies to register products as pesticides if the cleaning product makes claims to control germs. These requirements protect public health and the environment by ensuring safe production, handling, and application of pesticides, and by preventing false, misleading, or unverifiable product claims. EPA will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions. The agency also makes sure that pesticide labels provide consumers with the information they need to use the products safely. Pesticides that have been registered with the agency will have an EPA registration number on the label.

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May 16, 2008

Massachusetts Cleaning Company Faces Fine for Pesticide Violations
A Brighton, Mass. soap and specialty cleaning company faces a penalty of up to $16,000 for allegedly violating pesticide production reporting requirements under the Federal Insecticide, Fungicide, and Rodenticide Act.

According to EPA, Spectrowax Corp. failed to file production reports by the March 1 deadline for the reporting years of 2005, 2006, and 2007. Spectrowax is being penalized as a second time offender for each of these alleged violations because of a prior penalty action against the company in 2003.

Pesticide producers must annually submit the following information to EPA for each pesticide product:
- Types and amounts produced in the past calendar year;
- Types and amounts sold/distributed in the past calendar year, regardless of when produced; and
- Estimated amounts expected to be produced in the current year.

Annual pesticide production reports are the only means available to EPA for obtaining information about pesticides produced in the U.S. (or produced for import). EPA uses the information to protect public health and the environment and to maintain the integrity of the pesticide program.

The primary federal pesticide law, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), regulates products that are intended (or claimed) to prevent or destroy pests, including algae, viruses and bacteria. Under FIFRA, regulated pesticides must undergo a rigorous scientific evaluation and be "registered" by EPA before they are sold or distributed, and claims made on the product labels must be consistent with the required claims made during the registration process.

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April 23, 2008

EPA Orders Scotts To Stop Selling Certain Pesticides
EPA Region 5 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.

An EPA consumer hotline to answer questions about the action has been established at 888-838-1304 (9 a.m. - 4:30 p.m., Central Daylight Time). Questions may also be answered by the National Pesticide Information Center at 800-858-7378 (6:30 a.m. - 4:30 p.m., Pacific Daylight Time, including weekends). A fact sheet and regularly updated information are posted online at http://www.epa.gov/reg5rcra/ptb/news/.

At this time the risks, if any, posed by these unregistered products are unknown. EPA and its state partner Ohio Department of Agriculture are conducting a laboratory analysis of these products. Updated information will be posted online when it becomes available. Until EPA has more information about the contents of these products, consumers are advised not to use these products and to store them in a safe, cool and dry place such as a garage or utility shed. Do not dispose of them down the drain, in the garbage or at a community disposal site.

EPA ordered the companies, collectively an international producer and distributor of lawn care products, to immediately stop selling and distributing two products which can be identified by the invalid "EPA registration number" listed on the package. Invalid registration number 62355-4 is marketed under names including "Garden Weed Preventer + Plant Food" and "Miracle Gro Shake 'n' Feed All Purpose Plant Food Plus Weed Preventer." Invalid registration number 538-304 is used primarily by Scotts Lawn Service, a lawn care company. It is marketed under names including "Scotts Lawn Service Fertilizer with .28% Halts," "Scotts Lawn Service Fertilizer 0-0-7 Plus .28% Halts Pro," "Scotts Lawn Service Fertilizer 14-2-5 Plus .28% Halts Pro" and "Scotts Lawn Service Fertilizer 22-0-8 Plus .28% Halts Pro."

In an effort to make sure these products are immediately removed from the marketplace, EPA will also issue stop sale orders to major retailers that carry these products. Under the Federal Insecticide, Fungicide and Rodenticide Act, all pesticides must be submitted to EPA for review, evaluation and registration to ensure that they do not pose an unreasonable risk to human health or the environment. EPA's review and registration process is internationally recognized. Pesticide products that have not undergone EPA review may pose risks to human health and the environment.

"A manufacturer such as Scotts cannot ignore the important legal requirement of registering its pesticides," said Region 5 Administrator Mary A. Gade. "This is a serious violation of EPA's system for protecting people and the environment from the potential harmful effects of pesticides. EPA will fully investigate this violation and take appropriate actions. We are committed to keeping the public informed about any health consequences and providing information to assure the safe recall of these products as soon as possible."

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April 21, 2008

EPA Settles with California Grocery Distributor for Alleged Pesticide Violations
EPA reached a $270,000 settlement with Unified Western Grocers, a Los Angeles, Calif.-based grocery distributor, for the sale and distribution of an unregistered pesticide, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. Unified Western Grocers, located at 5200 Sheila Street, allegedly sold and distributed “Western Family Cleanser with Bleach,” an unregistered product that stated on the label that it “wipes out most household germs, including Staph, Salmonella, and Pseudomonas.”

"Staph, Salmonella, and Pseudomonas are harmful bacteria that can cause serious damage to human health. Products that claim to eliminate such bacteria must be registered with EPA as a pesticide," said Katherine Taylor, Associate Director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. The Federal Insecticide, Fungicide, and Rodenticide Act requires companies to register cleaning products as pesticides if the cleaning product makes claims to control germs. These requirements protect public health and the environment by ensuring safe production, handling, and application of pesticides, and by preventing false, misleading, or unverifiable product claims. The case was based on inspections conducted by the State of California’s Department of Pesticide Regulation and the State of Hawaii’s Department of Agriculture in 2005 and 2006.

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April 16, 2008

EPA Cites Pennsylvania Lab for Violating Federal Pesticide Law
EPA announced that is has issued an administrative complaint to Paradigm Labs, Inc., for violating federal pesticide regulations at its facility in Pine Grove, Pa. The complaint seeks a civil penalty of $53,145. The complaint cites Paradigm for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law regulating the production, distribution and use of pesticide products. FIFRA requires the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides. These requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled or adulterated pesticides.

EPA’s complaint cites the company for violations related to the sale and distribution of three of the company’s pesticidal products, Microbloc MMR, DSP, and MSE, from June-September 2006. None of these three products were registered pesticides. The violations were discovered after an inspection by the Pennsylvania Department of Agriculture (PDA) in September 2006. EPA’s complaint also alleges that these three products were misbranded because information on the product labels failed to list the EPA establishment number and failed to express active and/or inert ingredients as a percentage of weight. Also, the total percentage of active and inert ingredients failed to total 100 percent. The complaint’s seven misbranding counts also result from the seven sales of mislabeled products in June-September 2006. The company has the right to a hearing to contest the alleged violations and proposed penalty.

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March 5, 2008

EPA Fines Southern California Technology Company $208,000 for "Nano Coating" Pesticide Claims on Computer Peripherals
EPA has settled with ATEN Technology, Inc., of Irvine, California, acting for its subsidiary IOGEAR, for selling unregistered pesticides and making unproven claims about their effectiveness. EPA maintains that IOGEAR made unsubstantiated public health claims regarding unregistered products, and their ability to control germs and pathogens -- a violation of the Federal Insecticide, Fungicide and Rodenticide Act.

“We’re seeing far too many unregistered products that assert unsubstantiated antimicrobial properties,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “Whether the claim involves use of an existing material such as silver, or new nano technology, EPA takes these unverified public health claims very seriously. Consumers should always follow common-sense hygiene practices, like washing hands frequently and thoroughly.”

IOGEAR products at issue were: wireless laser mouse with nano shield coating, laser travel mouse with nano coating technology, and wireless RF keyboard and mouse combinations. After being contacted by EPA, IOGEAR stopped making claims that their computer peripherals protect against germs.

Products that kill or repel bacteria or germs are considered pesticides, and must be registered with EPA prior to distribution or sale. The Agency will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions. Consumers should be careful to look for the EPA registration number printed on product labels, and to follow the directions for safe use. This enforcement action was based on a tip, and ensuing inspection conducted by the California Department of Pesticide Regulation.

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February 20, 2008

Six New England Companies Settle With EPA for Pesticide Violations
Six companies based in New England that produce pesticide products settled with EPA for failing to properly submit annual production reports to the Agency, as required by federal law. The law that governs pesticide use in the U.S., the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), requires pesticide manufacturers to submit annual production reports to EPA. According to EPA complaints, each of the six companies has failed on at least one previous occasion to properly submit this information.

The companies are: Hydros, Inc. of Bourne, Mass.; AIRMAR Technology Corp. of Milford, N.H.; Goldline Controls, Inc. of North Kingstown, R.I.; North Safety Products, Inc. of Cranston, R.I.; Blue Seal Feeds, Inc. of Richford, Vt.; and Swish Maintenance, Ltd. of Burlington, Vt. The companies have addressed all violations and have paid fines of up to $5,400. Penalties were based on several factors including the type of violation and size of the business.

Section 7 of FIFRA requires that each registered pesticide producing establishment submit annual production reports to EPA on or before March 1st. These reports are the only means that EPA has for obtaining information on the types and amounts of pesticides being produced, sold or distributed both domestically and for export during the year. EPA uses the information to trace ineffective, contaminated or recalled pesticide products, among other purposes.

Pesticides include insecticides, herbicides, fungicides, antimicrobials or other substances and pest control devices used to control insects, weeds or microorganisms such as bacteria and viruses.

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February 8, 2008

EPA Settles With Animal Products Distributor for $56,200 Following Pesticide Violations
EPA has fined Modesto, California, company Veterinary Service, Inc. $56,200 for selling its California-registered pesticide outside the state, a violation of federal pesticide law. The pesticide, Tomcat Ground Squirrel and Gopher Bait, was registered specifically for use in California, and did not go through the full registration process required for federally registered pesticides. As a result, EPA did not have the opportunity to review the product for its potentially adverse affects on the environment, prior to its distribution and use.

"The label clearly indicated that this product was only meant for distribution and use in the state of California," said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA's Pacific Southwest region. "Pesticide distributors and retailers must ensure that they do not sell pesticides outside of a state that has been granted a special registration."

The illegal product was initially found during a routine inspection by the Nevada Department of Agriculture at Fernley Hay and Grain, a garden supply and feed store in Fernley, Nevada. The store selling the product was fined $3,120. The discovery led to a further investigation by the California Department of Pesticide Regulation, which uncovered sales of the product by VSI to additional stores in Nevada and Arizona. VSI has voluntarily recalled the product that was distributed outside of California, and is complying with federal pesticide laws.

The Federal Insecticide, Fungicide, and Rodenticide Act requires federal registration of pesticide products, and proper labeling, to protect public health and the environment. FIFRA allows states to issue "Special Local Needs" registrations to address pest problems specific to that state. Each producer, seller, and distributor is required, pursuant to federal law, to ensure that these state-specific pesticides are distributed only in that state.

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January 9, 2008

Rhode Island Pool Supply Company Fined for Violating Pesticide Laws
A Rhode Island swimming pool company paid a $10,400 penalty for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Modern Swimming Pool Supply Company, Inc. of North Providence produces, distributes, and sells pool supply products, including the pool disinfectant and pesticide sodium hypochlorite.

Two routine EPA inspections of the Modern Pool facility revealed that the company repackaged and sold a sodium hypochlorite solution on multiple occasions without first obtaining a distribution agreement with the product’s manufacturer. The distribution of a pesticide without a supplemental distribution agreement amounts to the sale of an unregistered pesticide, which is a violation of FIFRA. Modern Pool’s violations occurred between April 2006 and August 2006.

The state of Rhode Island has reported that numerous industries in the state disregard the required practice of obtaining supplemental distribution agreements. As a result, EPA has made it a priority to target industry violators. Modern Pool came into compliance with FIFRA soon after becoming aware of its violations.

FIFRA regulates products that are intended (or claimed) to prevent or destroy pests, including algae, viruses and bacteria. Under FIFRA, regulated pesticides must undergo a rigorous scientific evaluation and be “registered” by EPA before they are sold or distributed, and claims made on the product labels must be consistent with the required claims made during the registration process.

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January 2, 2008

EPA Fines Saipan Company $26,000 for Pesticide Violations
EPA has settled with Japan Water Systems of Capitol Hill, Saipan, for $26,000 for allegedly distributing an unregistered water disinfectant in violation of federal pesticide laws. EPA cited the company for allegedly selling and distributing an unregistered water disinfectant “Tosoh Cube.” The product, a 12 percent sodium hypochlorite solution, was imported from Japan and sold to hotels and other businesses in Saipan for private water system disinfection. The products, labeled almost entirely in Japanese, lacked directions for use, precautionary statements, and other labeling required by the Federal Insecticide, Fungicide, and Rodenticide Act.

“In order for a company to sell a disinfectant, it must be registered with the EPA,” said Katherine Taylor, associate director for the EPA Pacific Southwest region’s Communities and Ecosystems Division. “Registration ensures that the products will have proper labeling, including instructions, warnings, and first aid information. Without the required label, there’s no way for a consumer to know how to use the product effectively, or to protect themselves from harm.”

The company discontinued all sales of the unregistered product, and shipped it back to Japan. Existing customers were notified to discontinue use of the product. Sodium hypochlorite is an extremely corrosive disinfectant that, at its full strength, can cause severe damage to the eyes and skin. Disinfectants are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act, which regulates the production, distribution, and use of pesticides within the United States.

Distributors and retailers are responsible for ensuring that all pesticides distributed in the U.S. fully comply with federal pesticide regulations. Both the EPA and CNMI DEQ have increased enforcement efforts on the island to ensure compliance with federal pesticide law and the CNMI pesticide regulations.

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