EPA, pesticide producer reach agreement on alleged violations

October 20th, 2016 by Dakota Software Staff Industry News

The Environmental Protection Agency recently reached an agreement with a regional pesticide provider over alleged violations of federal regulations. Specifically, the federal environmental regulator accused the pesticide organization of improper labeling and repackaging, with many of the problems cited going against the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, according to industry publication Occupational Health & Safety. The terms of the deal revolve around a Consent Agreement and Final Order issued by the EPA in mid-September, which included about $768,500 in direct civil penalties and approximately $437,000 dedicated to a Supplemental Environmental Project. As part of the deal, the pesticide business neither confirmed nor denied the veracity of the allegations.

Issues with product labeling and repackaging
Law firm Bergeson & Campbell, PC, said violations of the IFRA and the EPA's Pesticide Container and Containment Rule drove the investigation, which took place during the roughly 30-month period from August 2012 to January 2015. Concerned about the potential for widespread violations of environmental regulations, the EPA started the investigatory process. That task eventually included four separate EPA regions and revealed violations at company's operations in the states of Colorado, Iowa, Kansas, Michigan, Missouri and Ohio.

One of the main issues was the business failed to develop and document specific repackaging agreements, which meant it delivered products to pesticide resellers absent the necessary paper trail. The investigation also found the business supplied resellers with outdated labels on at least 19 separate occasions. The final issue uncovered was a lack of necessary documentation and data storage for pesticide registration.

"The repackaging, sale and distribution of unregistered and misbranded pesticides is illegal and puts people and the environment at risk," said Anne Heard, EPA acting regional administrator for the Southeast, according to Occupational Health & Safety. "Users rely on accurate, up-to-date information about ingredients, directions for use, hazards and safety precautions. This settlement sends a strong message to pesticide companies to maintain compliance with all federal environmental laws."

Bergeson & Campbell's analysis of the situation said the final agreement was another indication of the EPA's targeting of pesticides and their suppliers for increased scrutiny. The EPA has focused on an array of related issues in the past and it's likely the federal environmental regulator will continue to do so for some time to come.