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Enforcement

Criminal Provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

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On this page are general descriptions of the criminal provisions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Knowing Violations by Registrants, Applicants, and Procedures
Knowing Violation by Commercial Applicators and Distributors and Sellers
Knowing Violations by Private Applicators and Others


Knowing Violations by Registrants, Applicants, and Procedures

Elements:

  • A registrant, applicant, or producer
    • Knowingly
      • Violates any provision of 7 U.S.C. 136 - 136y

Statute: 7 U.S.C. 136l(b)(1)(A)

Penalty:

  • 1 year and/or $50,000

Relevant Regulations: 40 C.F.R. 152 - 186

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Knowing Violation by Commercial Applicators and Distributors and Sellers

Elements:

  • A commercial applicator of a restricted use pesticide or any other person not described in 7 U.S.C. 1361(b)(1)(A) who distributes or sells pesticides or devices
    • Knowingly
      • Violates any provision of 7 U.S.C. 136 - 136y

Statute: 7 U.S.C. 136l(b)(1)(B) [definition of commercial applicator, 7 U.S.C. 136(e)(3)]

Penalty:

  • 1 year and/or $25,000

Relevant Regulations: 40 C.F.R. 152 - 186

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Knowing Violations by Private Applicators and Others

Elements:

  • A private applicator or other person not described in 7 U.S.C. 136l(b)(10(A) or (B) who
    • Knowingly
      • Violates any provision of 7 U.S.C. 136 - 136y

Statute: 7 U.S.C. 136l(b)(1)(A)

Penalty:

  • 30 days and/or $1,000

Relevant Regulations: 40 C.F.R. 152 - 186

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