EPA takes action against three New England companies for Federal Insecticide, Fungicide, and Rodenticide Act violations
Massachusetts and Connecticut companies will pay penalties for reporting violations
BOSTON (Feb.26, 2024) – Three New England-based companies have agreed to pay penalties to settle claims by the U.S. Environmental Protection Agency that they violated federal law for failure to file required annual pesticide production reports.
Recently, EPA Region 1 filed Settlement Agreements involving three companies; Seaman Paper Company of Massachusetts, Inc., from Gardner, Mass.; Ferti Technologies CT Corp, from Wallingford, Conn.; and Exoban, LLC, from Thomaston, Conn.for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the law that regulates pesticide production and use in the United States.
The three companies all failed to file production reports for the reporting year 2021, and were issued Notice of Warnings; however, all three companies again failed to file production reports for the reporting year 2022, which led to these enforcement actions and penalties. The assessed penalties were based, in part, on the size of the respective company and were as follows: Seaman $1,400; Ferti $1,000; and Exoban $500.
EPA requires that companies which produce pesticides, active ingredients, or devices submit annual production reports by March 1 for the preceding calendar year. EPA uses these reports for compliance, risk assessment, and risk reduction activities which are important for protecting human health and the environment.
Background
EPA regulates all pesticide products used in the U.S. to ensure that uses described on product labels can be used without harming people's health or the environment. The settlements agreed to with each company address alleged violations of FIFRA for failure to file or timely file annual pesticide production report(s) in connection with each registered establishment. Without annual production reports, EPA cannot determine where and in what manner pesticidal products are being produced, sold, and distributed. FIFRA Section 7 reporting requirements are enforced federally and are not delegated to the states.
More information:
Federal Insecticide, Fungicide and Rodenticide Act Section 7(c) Expedited Settlement Agreement Program (pdf) : https://www.epa.gov/sites/production/files/2019-09/documents/finalfifra7cesaprogram.pdf
Enforcement Response Policy for FIFRA Section 7(c) Establishment Reporting Requirements (pdf) : https://www.epa.gov/sites/default/files/documents/fifra-erp-section7-051910.pdf
EPA Pesticide Registration Process: https://www.epa.gov/pesticide-registration/about-pesticide-registration