Criminal Provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
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
- Knowingly
Statute: 7 U.S.C. 136l(b)(1)(A)
Penalty:
- 1 year and/or $50,000
Relevant Regulations: 40 C.F.R. 152 - 186
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
- Knowingly
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
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
- Knowingly
Statute: 7 U.S.C. 136l(b)(1)(A)
Penalty:
- 30 days and/or $1,000
Relevant Regulations: 40 C.F.R. 152 - 186