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Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): Agriculture-Related Enforcement Cases 2007

The following are agriculture-related enforcement cases pertaining to the Federal Insecticide, Fungicide, Rodenticide Act. This information is provided for reference. Over time, links to news items may become unavailable. In these cases the item will remain listed, but no link will be provided. Also, please be aware that the information in any particular article may be outdated or superseded by additional information.

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

December 17, 2007

EPA Settles With California Company for $95,000 for Distributing Export-Only Pesticides
EPA has fined Oakland, Calif.-based The Clorox Company $95,000 for allegedly distributing an unregistered and mislabeled Chinese version of Clorox Disinfectant Bleach, in violation of federal pesticide law. The company’s Los Angeles production facility donated the illegal disinfectants to Los Angeles charities in 2005 and 2006. The products were intended for Asian export, so the labels lacked adequate English-language directions for use, hazard and precautionary statements, and the required statement “Not Registered for Use in the United States of America.”

"Unregistered pesticides meant solely for export must not be donated, sold, or otherwise distributed in the United States,” said Katherine Taylor, Associate Director of the Communities and Ecosystems Division for the Pacific Southwest region. “Clorox did not give EPA the opportunity to review these labels to ensure the protection of human health and the environment. Recipients of charity deserve the same level of protection from pesticidal risk as all other users.”

EPA annually reviews production reports submitted by industry, and found discrepancies in The Clorox Company reports for 2005 and 2006. The agency conducted a detailed investigation that uncovered 38 Federal Insecticide, Fungicide, and Rodenticide Act violations. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. The domestic sale or distribution of pesticides that have not been registered with the EPA, such as export-only pesticides, is a violation of federal pesticide law. The law also requires unregistered, export-only pesticides to be clearly marked with required labeling to prevent the products from inadvertently entering the U.S. market. The requirements protect public health and the environment by ensuring safe and appropriate distribution, handling, and application of pesticides.

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November 20, 2007

EPA Fines California Pesticide Producer $15,500
In a settlement, EPA and Pioneer Chemical Company, a Gardena, Calif. based pesticide producer, agreed to a $15,500 fine for the company’s alleged failure to submit accurate annual pesticide production reports to the Agency. EPA determined that Pioneer Chemical Company, was producing Super 60 PYM Foamer, a disinfectant and fungicide for hospital, institutional and industrial use, and not reporting it to EPA in its annual pesticide production reports.

"Companies producing pesticides must be careful to report the production of all products produced in their facilities,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in the EPA’s Pacific Southwest region. “The EPA uses these reports to track pesticide production and ensure safe management and distribution.”

The violations were discovered as a result of an inspection performed at the Gardena facility by the California Department of Pesticide Regulation. The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Federal law requires each producer or repackager to report the registered pesticides and the quantity of such pesticides produced annually.

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November 5, 2007

EPA Takes Steps To Better Protect Farm Workers in Puerto Rico
Protect your workers! That’s the message that EPA is sending by citing four Puerto Rico farms for multiple violations of the worker protection provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to complaints issued by the Agency, owners at Finca Roman Farm, Anthuriums de Puerto Rico and the Javier Quiles Farm, all in Adjuntas, and the owner of Finca Los Tres Picachos in Jayuya failed to display specific pesticide application information for agricultural workers and pesticide handlers and provide these workers with training. Nor, did the farm owners provide protective equipment and a way to wash off residual pesticides before leaving their work site. In addition, the farm owners failed to provide medical care information to workers and pesticide handlers and did not follow the pesticide label instructions for proper pesticide use and disposal. The farming operations named in EPA’s complaints average less than ten employees and do not exceed 100 acres in size. Each farm faces thousands of dollars in penalties.

"These may be small operations, but protecting workers is no small matter,” said Alan J. Steinberg, EPA Regional Administrator. “By citing these farms, we are putting others on notice that EPA is out there enforcing these requirements and they must protect their workers against potentially harmful pesticides.”

Worker protection provisions of the federal pesticide law are designed to reduce the risk of illness or injury resulting from agricultural field workers occupational exposure to pesticides. They regulate pesticide use and require that workers and pesticide handlers be given appropriate training, equipment and information. Workers may be injured from direct spray, drift or residue left by pesticides applications; handlers face additional risks from spills, splashes, inhalation, and inadequate protective equipment.

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October 15, 2007

EPA, Pennsylvania Company Resolve Pesticide Labeling Violations
Lebanon Seaboard Corp., a maker of lawn and garden care products headquartered in Lebanon, Pa., has resolved 14 violations of the federal law regulating the use of pesticides. EPA cited the company for selling and distributing two mislabeled products for controlling weeds. Lebanon Seaboard will pay a $29,000 fine for violations associated with the labeling and sale of its products Preen Garden Weed Preventer and Preen Garden Weed Preventer Plus Fertilizer. The violations were initially discovered in April 2006 by the New York State Department of Environmental Conservation (NYSDEC) during routine inspections of retail stores. The labeling violations posed no harm to consumers.

NYSDEC discovered that Lebanon had included a sealed booklet over the EPA pesticide registration and establishment numbers on the labels of the two products. Although the booklets contained the correct numbers on an inside page, they were not visible on the booklet cover or the product label as required by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and therefore are deemed to be misbranded products. Any sale or distribution of a misbranded pesticide product is a FIFRA violation.

In May 2006, EPA issued Lebanon a “stop sale” order for these misbranded pesticides, barring the sale or distribution until a sticker containing EPA’s establishment number and product registration number was added to the label. In 2007, the NYSDEC inspectors found one of the products being sold at two retail stores without bearing a corrected label. The 14 FIFRA violations include five sales or distributions in 2006 of each of the two misbranded products, two sales in 2007 of one of the products, and two violations of the May 2006 “stop sale” order. Lebanon has certified that it is currently in compliance with all FIFRA requirements. The company has neither admitted nor denied EPA’s factual allegations.

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October 11, 2007

EPA Fines California Company $26,000 for Pesticide Violations
EPA fined La Rosa, Inc. of Santa Ana, Calif. $26,000 for the alleged manufacturing and sale of unregistered pesticides, a violation of the Federal Insecticide, Fungicide and Rodenticide Act. EPA sought this fine from La Rosa, Inc., located at 2111 S. Anne Street, for the sale of two unregistered pesticides, Spa Fungicidal and LaRocide, through nail and beauty supply stores.

"Companies must ensure their products are registered,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest Office. “The EPA will continue to seek out violators of the federal regulations and level fines in our continuing efforts to protect human health and the environment.”

Product labels contained hospital disinfectant, bactericide, and/or virucide claims and included invalid EPA registration and establishment numbers. The company was also manufacturing at least one of the products at their facility without registering that facility with EPA as required by law. The case is based on a series of inspections conducted by the California Department of Pesticide Regulation in 2006. The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. Each producer, seller, and distributor is required pursuant to federal law to ensure that the registered pesticide is labeled in accordance with Agency requirements.

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October 9, 2007

EPA Settles With California Pesticide Company for $84,500 Over Unregistered Mexican Pesticides
As part of a recent settlement with EPA over the alleged sale of unregistered pesticides, Triunfo-Mex., Inc., of City of Industry, Calif., will pay $84,500.00. Triunfo-Mex, Inc., located at 13886 Nelson Ave, City of Industry, sells and distributes various products from Mexico.

"If a company sells or distributes imported products, they must be sure these products are properly registered under federal law,” said Katherine Taylor, associate director of the EPA’s Communities and Ecosystems Division for the EPA’s Pacific Southwest region. "The EPA will continue to seek out violators of federal regulations and level fines in our continuing efforts to protect human health and the environment.”

According to the EPA, Triunfo-Mex sold and distributed two Mexican products – “Fabuloso Energia Naranja” and “Fabuloso Aroma de Bebe.” The label states the products are “antibacterial,” which constitutes a pesticidal claim. The case was based on an inspection conducted by the California Department of Pesticide Regulation in 2005. The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. Each producer, seller, and distributor is required pursuant to federal law to ensure that the registered pesticide is labeled in accordance with Agency requirements.

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September 28, 2007

EPA Settles With Target on Pesticide Violations
EPA Region 5 has filed a consent agreement and final order with Target Corp. on alleged violations of federal rules on the labeling, distribution, and sale of pesticide products. A $40,950 penalty has been assessed against the company as part of the settlement. According to EPA, Target sold and distributed unregistered pesticides from its stores and on its Web site. The products are Antimicrobial Toilet Seats, three sizes of Home Ultimate Mattress Pads, Home Ultimate Pillows, and Cleaner With Bleach. The toilet seats, mattress pad, and pillows made "germ-killing" claims. The Cleaner With Bleach compared the product's properties to a similar, registered disinfectant bathroom cleaner sold by a competitor. Target is removing the pesticidal claims from these products.

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September 27, 2007

EPA Settles With California Wholesalers for Pesticide Violations
EPA settled with Four Seasons General Merchandise, Inc., a Los Angeles, Calif. non-durable goods wholesaler for $24,960 and 26 California Bazar, a Vernon, Calif. company for $9,360 for the alleged sale and distribution of unregistered pesticides, a violation of federal pesticide law. The EPA alleges that Four Seasons sold the unregistered pesticides Clorox Disinfecta--a Mexican version of Clorox Bleach--and Citronella Incense mosquito coils to retailers in Guam and Calif. on five occasions between August 2006 and March 2007. In addition to the fine, the wholesaler has agreed to return all unused products to the original seller. The EPA alleges that 26 California Bazar sold the unregistered pyrethroid pesticide, Camping Mosquito Sticks, to Guam retailers on two occasions. In addition to the fine, the company has agreed to cease selling the product.

"Companies must ensure that all products that claim to act as pesticides are registered with the EPA,” said Katherine Taylor, associate director for the EPA Pacific Southwest region’s Communities and Ecosystems Division. “Without the required registration, we have no information on the potential effects of these products, which could result in serious harm to public health and the environment.”

The alleged violations at Four Seasons were discovered during inspections performed by the California Department of Pesticide Regulation and the Guam Environmental Protection Agency. The alleged violations at 26 California Bazar were found by Guam EPA inspectors. The federal pesticide law governs sale and distribution of pesticides in Guam, a U.S. trust territory. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. The sale or distribution of a pesticide that has not been registered with the EPA is a violation of federal pesticide law, which requires registration of pesticides and pesticide-production facilities. These requirements protect public health and the environment by ensuring safe and consistent production and distribution of pesticides.

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September 19, 2007

EPA Settles With Arizona Chemical Manufacturer
In a settlement, EPA and Oasis Nursery and Hardware Products, Inc., a Tucson, Ariz. chemical manufacturer, agreed to a $2,500 penalty for Oasis Nursery’s alleged sale or distribution of unregistered and misbranded pesticides. The violations were discovered during a September 2006 inspection performed by the Arizona Department of Agriculture

"Companies must ensure that all products that claim to act as pesticides are registered with the EPA and that labels contain accepted language aimed at protecting human health and the environment,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA's Pacific Southwest region. “Consumers need the proper use information and precautions to ensure they are applying pesticide products safely and correctly.”

The EPA determined that in July 2006, Oasis Nursery sold or distributed the unregistered pesticide Root Brute Sewer Treatment Root Destroyer, a product marketed for keeping sewer lines free of roots. The Root Brute contained an active ingredient from an unapproved source, which rendered the pesticide unregistered. In addition, the pesticide, being sold at a Tucson ACE Hardware, was misbranded because its labeling failed to include the word “danger”, a required warning for this product. The Federal Insecticide, Fungicide, and Rodenticide Act regulates the production, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. The sale or distribution of a pesticide that has not been registered with the EPA is a violation of federal pesticide law, which requires registration of pesticide products and proper pesticide labeling. 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.

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September 19, 2007

EPA Files Complaint Against California Grocery Distributor
EPA filed an administrative complaint against Unified Western Grocers, a Los Angeles, Calif.-based grocery distributor, seeking $538,200 for the alleged sale and distribution of an unregistered pesticide, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. Located at 5200 Sheila Street, Unified Western Grocers allegedly sold and distributed “Western Family Cleanser with Bleach,” an unregistered product that states on the label that it “wipes out most household germs, including Staph, Salmonella, and Pseudomonas.”

"Staph, Salmonella, and Pseudomonas are all bacteria that can cause serious human diseases. Our pesticide registration rules require that cleaning products claiming to kill, control or wipe out these germs be registered as pesticides,” 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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September 13, 2007

EPA Imposes $26,000 Fine for Pesticide Violation in Nevada
EPA fined the Shell Corporation of Las Vegas $26,000 for allegedly selling and distributing “Roof-ReNEW,” an unregistered pesticide, in violation of the Federal Insecticide, Fungicide and Rodenticide Act. EPA alleges that in 2006, the Shell Corporation, located at 4620 S. Valley View in Las Vegas, Nev., sold and distributed “Roof-ReNEW,” a product that it claimed prevented mold on roofs, decks, and wooden shingles, to firms in Colorado and Tennessee.

"Selling unregistered pesticides is a significant violation that can result in harm to public health and the environment” said Katherine Taylor, Associate Director of the Communities and Ecosystems Division in the EPA’s Pacific Southwest Office. “Companies must register pesticides with EPA before distributing and selling such products.”

The Nevada Department of Agriculture discovered the violations during an inspection conducted at the request of EPA Region IX in July 2006. EPA regulates the manufacture, import, sale and use of pesticides. Distributors and retailers are responsible for ensuring that all pesticides distributed and/or sold fully comply with federal pesticide regulations.

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September 12, 2007

EPA Fines Two Home and Garden Stores for Selling Cancelled Insecticides
EPA fined a Fallon, Nev. garden supply company $2,000 for allegedly offering for sale five cancelled insecticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. Nevada Department of Agriculture inspectors found cancelled chlorpyrifos- and diazinon-containing pesticides on the shelves at two HFI Enterprises stores in Nevada in August 2006. At its Lovelock store, HFI Enterprises offered for sale the chlorpyrifos-containing products Cooke Dursban-Plus Lawn Insecticide, Dexol Dursban Lawn Insect Killer, and Green Light Borer II, and the diazinon-containing pesticide Diazinon Ultra Insect Spray. At its Fallon store, the company offered for sale the chlorpyrifos-containing product Spectracide Lawn & Garden Insect Control. The EPA prohibited retail sale of most residential-use pesticides containing the active ingredient chlorpyrifos after Dec. 31, 2001 and for diazinon after Dec. 31, 2004 because children might be harmed by exposure to the chemical.

"These pesticides were cancelled due to their potential to harm children," said Katherine Taylor, associate director of the Community and Ecosystems Division for EPA’s Pacific Southwest region. “EPA issued a cancellation notice that indicated when retail sales had to stop. Retailers must keep themselves informed and promptly remove cancelled pesticides from their shelves.”

Consumers may still legally use remaining stocks of chlorpyrifos and diazinon products, provided that they follow all label directions and precautions. Use of these products according to label directions does not pose an immediate hazard. However, consumers should know that EPA cancelled these pesticides to protect children and the environment. Consumers who choose to use these products or any pesticide should always read and follow label precautions and directions. Consumers may contact their local solid waste agency for disposal information.

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September 12, 2007

Nevada Hardware Store Settles Pesticide Violation
In a settlement with EPA, a Reno, Nev. True Value Hardware store agreed to pay a $2,750 fine for selling a residential pesticide that contained chlorpyrifos, in violation of federal pesticide laws. The settlement, stemming from March 2004 inspections conducted by the Nevada Department of Agriculture, resolves a complaint in which EPA alleged that North Valleys True Value of Reno offered for sale Greenthumb Flea & Tick Killer, a pesticide designed for residential use that contains chlorpyrifos.

"EPA removed chlorpyrifos from the residential market due to its potential health risks, especially to children.” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA's Pacific Southwest Office. “Retailers selling pesticides to the general public must ensure those products are legal.”

Retail sales of most residential-use chlorpyrifos pesticides have been prohibited since Dec. 31, 2001. Consumers may still legally use remaining stocks of chlorpyrifos products, provided that they follow all label directions and precautions. Use of these products according to label directions does not pose an immediate hazard. However, consumers who choose to use these products or any pesticide should always take special care to read and follow the label precautions and directions. Consumers may contact their local solid waste agency for disposal information.

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September 5, 2007

EPA Settles With New Mexico Pest Exterminator
EPA fined a Gamerco, New Mex. commercial pesticide applicator $1,170 for using registered pesticides contrary to label requirements at two sites on the Navajo Nation, a violation of federal pesticide law. Employees of Begay’s Pest Control Service allegedly applied the registered pesticides, Demon WP, and Tempo WP Ultra, without proper eye-wear or protective clothing and equipment required by label instructions. The pesticides were improperly used at the Navajo Department of Justice Building in Window Rock, Ariz. and the Ganado Unified School District Office in Ganado, Ariz.

"Companies must ensure employees applying pesticides protect themselves and others from potential pesticide exposure by following all label requirements,” said Katherine Taylor, EPA’s associate director of the Communities and Ecosystems Division, Pacific Southwest region. “Failure to obey these necessary safeguards is considered a serious violation and can endanger the health of employees.”

The Navajo Nation Environmental Protection Agency discovered the violations during inspections performed in July and November 2006. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA and include labeling directions for use and other information necessary to protect human health and the environment. Federal law requires that pesticide applicators comply with these labeling directions during commercial pesticide applications to protect their workers.

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August 29, 2007

EPA Fines California Pesticide Manufacturer
EPA fined a San Leandro, Calif. pesticide manufacturer $5,200 for allegedly failing to submit its 2006 pesticide production report -- a violation of the federal pesticide law. Copper Harbor Company, Inc., a wholesale chemical manufacturer located at located at 2300 Davis Street, San Leandro, Calif., failed to submit its annual pesticide production report by EPA’s March 1 deadline.

"Companies have a responsibility to submit their pesticide production reports in a timely manner,” said Katherine Taylor, the associate director of the Community and Ecosystems Division for the EPA’s Pacific Southwest region. “EPA uses these reports to track pesticide production and ensure safe management and distribution.”

Copper Harbor Company, Inc. has since filed the required production report. Under the Federal Insecticide, Fungicide and Rodenticide Act, companies must annually report pesticide production to EPA by March 1. Production records provide information on the quantities of pesticides produced and distributed.

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August 14, 2007

EPA Stops Illegal Waste Handling Activities at Additional HPI Products Locations
EPA has stopped illegal waste handling activities at four of eight HPI Products locations in St. Joseph, Mo., because of serious, long-term neglect of the environment and public health, EPA Region 7 Administrator John B. Askew announced.

"We are serious about protecting human health and the environment and will not tolerate companies violating our laws,” Askew said. “We have ordered HPI Products to cease illegal waste handling activities at two additional locations. We have ordered immediate cleanup of releases in the buildings and any surrounding areas.”

EPA found 426 drums and 24,000 containers of waste at HPI’s warehouse, located at 313 S. Third St. Also, EPA found 53 drums and 330 containers of waste at its main production facility, 222 Sylvanie St. Most of the drums were unlabeled or leaking and had been stored for a number of years. EPA found more than 1,000 pounds of hazardous waste and some wastes that were potentially corrosive and/or flammable. During an inspection, EPA also discovered large spills and residue buildup at the main production facility that could not be identified by HPI. In addition to immediate cleanup of releases, EPA is ordering the facility to immediately restrict access to areas with releases of solid or hazardous waste, to post warning signs at location entrances, to immediately ship all hazardous wastes to an appropriate hazardous waste disposal facility, and to develop a work plan that outlines field sampling and quality assurance measures to determine off-site migration. HPI, a 20-year-old pesticide registrant and producer, has two pesticide-producing establishments and six storage warehouses in the St. Joseph, Mo., area. HPI has never applied for a hazardous waste treatment, storage, or disposal facility permit.

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August 8, 2007

Los Angeles Company Pays Fine To Settle Alleged Household Pesticides Violations
As part of a recent settlement with EPA over the alleged sale of unregistered pesticides, Concord Enterprises, Inc., of Los Angeles, Calif. will pay $59,000. Concord Enterprises, Inc., located at 2957 E. 46th Street in Los Angeles, allegedly sold several unregistered pesticides. Mega Care Toilet Bowl Cleaner claimed to “kill germs,” Blue Bubble Auto Toilet Cleaner claimed it “disinfects” and three surface wipes imported from China were identified as “antibacterial.” The products were sold in several states including California, Arizona, and Hawaii. The company is a large wholesale distributor to retail “dollar stores.”

"We continue to find retailers of household pesticide products in violation of federal law. Our rules not only regulate the manufacture and use of pesticides but the retail sale as well,” said Katherine Taylor, Associate Director of the EPA’s Communities and Ecosystems Division of EPA Southwest Regional Office. “EPA will continue to seek out violators of the federal regulations and level fines in our continuing efforts to protect human health and the environment.”

The case is based on inspections by EPA, the Arizona Department of Agriculture, and the California Department of Pesticide Regulation in late 2005 and 2006. The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with EPA. Each producer, seller, and distributor is required pursuant to federal law to ensure that the registered pesticide is labeled in accordance with Agency requirements.

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August 7, 2007

EPA Fines Fresno Pooly Supply Company for Failing To Submit Production Reports
EPA fined a Fresno, Calif. pesticide manufacturer $5,200 for allegedly failing to submit its 2006 pesticide production report -- a violation of the federal pesticide law. McGrayel Company, Inc., located at 5361 South Villa Ave., failed to submit its annual pesticide production report by EPA’s March 1 deadline. The company manufactures pool, spa, and fountain algaecides.

"Companies have a responsibility to submit their pesticide production reports in a timely manner,” said Katherine Taylor, the associate director of the Community and Ecosystems Division for EPA’s Pacific Southwest region. “The EPA uses these reports to track pesticide production and ensure safe management and distribution.”

Under the Federal Insecticide, Fungicide and Rodenticide Act, companies must annually report pesticide production to EPA by March 1. Production records provide information on the quantities of pesticides produced and distributed.

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July 24, 2007

EPA Fines Companies for Pesticide Violations
Cases involving three Pennsylvania businesses and one in Virginia demonstrate EPA’s intent to enforce federal pesticide laws to protect consumers and the environment. EPA’s mid-Atlantic region filed a complaint against Ernest Clamar for allegedly selling or distributing unregistered pesticides. Clamar was doing business as Interstate Products, Inc. and Ecco Industries, Inc. Both companies are wholesalers of soaps and detergents based in Courtdale, Pa.

EPA’s mid-Atlantic regional office settled two other pesticide cases with two Pennsylvania companies for alleged distribution of unregistered or misbranded pesticides. Misco Products Corporation of Reading, Pa., manufactures cleaning and floor care products, and Advanced Skin Technologies in Bernville, Pa., manufactures chemical products for the dairy industry. In settling with EPA, the companies have certified that they are now in compliance with federal pesticide requirements. Misco’s settlement included a $55,450 fine. In Virginia, Chemcore Inc., an industrial cleaning and process chemicals company, in Covington, agreed to settle its case with EPA for an alleged pesticide reporting violation. Chemcore, doing business as ChemStation, paid a $3,900 penalty and has certified that they are in compliance with pesticide regulations.

"Selling and distributing unregistered or misbranded pesticides are violations that can result in harm to public health and the environment,” said Donald S. Welsh, EPA’s mid-Atlantic regional administrator. “These kinds of cases don’t get much attention but they’re important because they serve as a deterrent to businesses that are lax in complying with the pesticide laws.”

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July 23, 2007

EPA Fines Garden Store for Selling Cancelled Pesticide Product
EPA fined an Ely, Nev. garden store $14,000 for allegedly offering for sale cancelled insecticides, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. Perfect Expressions, a garden center owned by Reed Inc., was offering for sale Green Light Dursban Granules, Ortho Dursban Lawn Insect Spray, and Ortho Dursban. The pesticides contain the active ingredient chlorpyrifos, which was canceled by EPA for nearly all home uses because children might be harmed by exposure to the chemical. The Nevada Department of Agriculture discovered the violations during an inspection in 2006.

"When EPA cancelled the registration of these pesticides due to concerns about children's exposure, the cancellation notice stated when retail sales had to stop” said Katherine Taylor, associate director of the Community and Ecosystems Division for EPA’s Pacific Southwest region. “Companies are required to keep themselves informed about pesticide cancellations, and promptly remove cancelled pesticides from their shelves.”

Retail sales of most residential-use chlorpyrifos pesticides were prohibited Dec. 31, 2001. Consumers may still legally use remaining stocks of chlorpyrifos products, provided that they follow all label directions and precautions. Use of these products according to label directions does not pose an immediate hazard. Consumers who choose to use these products or any pesticide should always read and follow label precautions and directions. Consumers may contact their local solid waste agency for disposal information. There are a number of free on-line databases where registration status of pesticides can be checked.

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July 11, 2007

EPA Settles With Two California Companies for $36,400 for Sale of Unregistered Mexican Pesticide
EPA fined a Los Angeles distributor and San Diego retailer $36,400 for allegedly distributing and selling “El Rendidor Cloralex,” in violation of federal pesticide laws. Dos Amigos Distributors, Inc. of Los Angeles will pay $10,400 for importing the product illegally from Mexico and selling it to San Diego Based Shims Bargain, Inc., which in turn sold it to multiple stores. Shims Bargain Inc. was fined $26,000. “If a business is going to import pesticides for sale, these products must follow federal pesticide labeling laws,” said Katherine Taylor, Associate Director for EPA’s Communities and Ecosystems Division, Pacific Southwest Region. “If EPA discovers that an improperly imported pesticide is being sold, EPA will prosecute the importers, wholesalers and the retail stores who sell the products.”

Both Shims Bargain, Inc., and Dos Amigos Distributors, Inc. sold and distributed “El Rendidor Cloralex,” an unregistered Mexican pesticide. In Spanish, the label for “El Rendidor Cloralex,” claims that it can be used for “desinfección,” which translates to "disinfection” in English. The California Department of Pesticide Regulation conducted inspections of both facilities in 2006 and turned the case over to EPA for enforcement. 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. Before selling or distributing any pesticide in the United States, a company must register it with EPA. As part of the registration process, the company must ensure that the pesticide meets the claims made on its label.

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July 9, 2007

California Company Settles Federal Pesticide Violation
EPA reached a $4,680 settlement with Karabetian Import and Export, Inc., an importer and distributor of Middle Eastern and Mediterranean products, to resolve the alleged import and distribution of the unregistered pesticide, Dettol Antiseptic Germicidal. EPA alleged that Karabetian Import and Export, Inc., located at 2450 Crystal St. in Los Angeles imported and later sold the pesticide Dettol Antiseptic Germicidal to a Lincoln, Neb. retailer, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.

"Selling unregistered pesticides is a significant violation that can result in harm to public health and the environment” said Katherine Taylor, associate director of EPA’s Community and Ecosystems Division for the Pacific Southwest Region. “Companies must register pesticides with EPA before distributing and selling such products.”

EPA regulates the manufacture, import, sale and use of pesticides. Distributors and retailers are responsible for ensuring that all pesticides distributed and/or sold fully comply with federal pesticide regulations.

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July 5, 2007

EPA Fines Safeway $675,000 for Allegedly Selling Unregistered Household Cleaning Products
EPA fined Safeway, Inc. $675,000 for allegedly selling unregistered household cleaning products at its Hawaii and California stores with labels claiming the products disinfect and remove mold and mildew, a violation of federal law. Disinfectants and products that control mold are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Both products make pesticidal claims which would require registration as pesticides with EPA. Neither product was registered.

"Our pesticide registration rules require products claiming to disinfect, kill, or control germs and pests such as mold, be registered as a pesticide,” said Katherine Taylor, associate director of EPA’s Communities and Ecosystems Division of EPA Southwest Regional Office “Proper registration of pesticides ensures that labels include use directions and safety precautions designed to limit risks to human health and the environment.”

In 2005, a Hawaii Department of Agriculture inspector found Safeway Heavy Duty Toilet Bowl Cleaner being sold at a Safeway store on Kauai, Hawaii, claiming it ‘disinfects.’ EPA alleges that Safeway sold this product in its stores throughout Northern California and Hawaii. In 2006, a California Department of Pesticide Regulations inspector found a second product, Safeway Liquid Cleanser with Bleach, being sold at a Vons store in Grover Beach, CA, claiming it ‘removes mold and mildew’. The Vons Companies, Inc. is a subsidiary of Safeway.

The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies are required to register the pesticide with EPA and ensure that the registered pesticide is properly labeled. Companies must provide additional data before a legal claim can be made that a product protects public health. The label of all EPA registered products must bear the EPA registration number, along with directions for use and safety precautions.

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July 3, 2007

California Facility Pays $12,500 To Settle Pesticide Violations
EPA reached a $12,500 settlement with Elk Grove Milling, Inc., a pesticide production facility, to resolve alleged production and distribution of an unregistered, mislabeled horse feed containing Rabon, an organophosphate used to control flies in horse feces. EPA alleged that Elk Grove Milling, Inc., located at 8320 Eschinger Rd. in Elk Grove, Calif., did not accurately report the production, sale and distribution of the pesticide, Stable Mix Plus with Fly Control, a requirement of the Federal Insecticide, Fungicide and Rodenticide Act. The agency also alleged that the company sold Stable Mix Plus with Fly Control despite the fact that the pesticide was both unregistered and mislabeled.

"Selling or distributing unregistered, mislabeled pesticides are serious violations that can result in harm to public health and the environment,” said Kathrine Taylor, associate director of the Communities and Ecosystems Division for EPA’s Pacific Southwest region. “Companies must report production and distribution of all pesticides.”

Few animal feeds are also registered pesticides. Both the product’s contents and claims on its label are considered when determining the need for pesticide product registration. Federal law requires pesticide products to be registered. During registration, labeling language is reviewed by EPA to ensure directions-for-use and safety concerns are adequately addressed. Federal law further requires companies producing pesticides to report production and distribution annually. These requirements protect public health and the environment by ensuring safe and effective handling, application, and disposal of pesticides, and by preventing false, misleading, or unverifiable product claims. Pesticide producing facilities are responsible for ensuring the products produced are registered. There are a number of free on-line databases where registration status of EPA registration numbers can be checked.

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June 14, 2007

EPA Settles With SoCal Mold Prevention Company
EPA has reached a settlement with American Mold Guard, Inc., a San Juan Capistrano, Calif. mold prevention company, for $11,700 for alleged violations of federal pesticide law. EPA determined that the company, located at 30200 Rancho Viejo Road, had been repackaging AMG-X40 - a registered pesticide - into 2 oz. containers, and distributing them as samples to customers who received its mold prevention services. The samples were missing most of the pesticide’s required labeling, including warnings against skin contact and first aid directions in case skin contact occurred.

"Federal law requires that pesticide labels carry appropriate use directions and warnings,” said Katherine Taylor, Associate Director of EPA's Communities and Ecosystems Division for EPA’s Pacific Southwest Region. “Consumers need the correct information to ensure that they are applying pesticide products safely.”

Producers, sellers, and distributors must ensure that pesticides are labeled with an EPA Registration Number, an EPA Establishment Number that identifies the production facility, information concerning the producer, directions for use and other safety information necessary to protect consumers and the environment. This action was based on a December 2006 inspection conducted by the California Department of Pesticide Regulation at EPA’s request. The settlement follows a Stop Sale, Use, and Removal Order that was issued earlier this year to prevent further distribution of the mislabeled pesticide until this matter could be resolved.

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June 13, 2007

EPA Settles Pesticide Case With Del Monte Fresh Produce
EPA fined Del Monte Fresh Produce Co., a Kunia, Hawaii fruit grower, $24,640 for improperly using registered pesticides, a violation of federal pesticide law. The company allegedly misused the registered pesticides Telone II, Assure II, and Diazinon 50 W Pro during their application at its Kunia pineapple facility in 2004 and 2005. The company failed to comply with label directions regarding pesticide application and precautions to protect worker health and the environment.

"Companies must ensure employees applying pesticides protect themselves and others from potential pesticide exposure by following all label requirements,” said Katherine Taylor, associate director of EPA’s Communities and Ecosystems Division for the Pacific Southwest region. “Failure to obey these necessary safeguards is considered a serious violation and can endanger the employees and others in the area.”

During the improper pesticide applications in 2004-05, Del Monte Fresh Produce failed to:
* have a certified pesticide applicator apply or supervise the application of restricted use pesticides to the crops;
* notify workers of pesticide applications;
* provide decontamination supplies to workers; and
* protect workers from exposure to drifting pesticides.

The Hawaii Department of Agriculture discovered the 28 violations during inspections performed in April and May 2004 and September 2005. Worker complaints triggered the initial investigation. Before selling or distributing any pesticide in the United States, companies must register the pesticide with EPA and include on the pesticide labeling directions for use and other information necessary to protect human health and the environment. Federal law requires that agricultural employers comply with these labeling directions during pesticide applications to protect farm workers and others who may be in the vicinity.

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June 4, 2007

EPA Reaches Settlement With Aldis Manufacturing for Violating Federal Pesticide Rules
Aldis Manufacturing LTD., (Aldis) located in Wilsonville, Oregon, reached a $3,120 settlement with EPA for importing improperly labeled pesticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to EPA, on February 5, 2007, Aldis submitted a Notice of Arrival of Pesticides and Devices (Notice of Arrival) through their import broker declaring that they planned to import 95,400 kilograms of their recently registered pesticide, “Kull 62 MUP.” “Kull 62 MUP” is a glyphosate-based chemical used in manufacturing other herbicide formulations and is produced in China.

FIFRA requires that importers submit a Notice of Arrival to EPA with information about any pesticide shipments due to enter the United States. EPA then reviews the Notice of Arrival to ensure that the pesticides comply with FIFRA and are properly registered and produced in EPA registered establishments before allowing them into the country. Through conversations with Aldis and a February 13, 2007, inspection conducted by the Oregon Department of Agriculture on EPA’s behalf, EPA discovered that the individual containers of “Kull 62 MUP” lacked the EPA accepted label, and therefore were in violation of FIFRA. "By law, all imported pesticides intended for use in the United States must be properly labeled and registered,” said Chad Schulze, EPA's Pesticide Enforcement Officer in Seattle. “This helps ensure that when used as directed, these pesticides do not pose a risk to human health and the environment.” EPA is pleased that Aldis updated the misbranded labels of “Kull 62 MUP” quickly after they were told that the containers were improperly labeled.

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May 31, 2007

Albertson’s Settles Alleged Pesticides Violations in Several Western States
As part of a recent settlement with EPA over federal pesticides violations, Albertson’s will fund an $200,000 outreach project aimed at educating retailers on regulations governing sales of pesticides and pay a $40,700 fine. The company’s stores or subsidiaries in California, Nevada, Idaho, Oregon, Montana, Utah, Washington, and Colorado were found to be selling and distributing hundreds of packages of “Grant’s Kills Ants - Ant & Spider Killer” containing chlorpyrifos. A January 2001 Cancellation Order issued by EPA made retail sale and/or distribution of certain products containing chlorpyrifos a violation after December 31, 2001. “Our rules not only regulate the manufacture of pesticides but the retail sale as well,” said Katherine Taylor, associate director of EPA’s Communities and Ecosystems Division. “When EPA issues a cancellation order aimed at reducing risks to human health, retailers of the pesticide should be aware that any violation of the order will result in penalties.”

The original violation was found based on an inspection conducted by Nevada Department of Agriculture in March 2003 at a Save-On Drug Store in Henderson, Nevada which at the time was owned by Albertson’s. Since then, CVS acquired Save-On, and Supervalu and Cerberus acquired Albertsons. Supervalu, through its subsidiary New Albertson’s, assumed responsibility for the penalty and education project in this case. The outreach and education project includes development of a DVD entitled “Do’s and Don'ts of Retailing Pesticides.” The video provides an overview of EPA’s pesticide requirements on retail sale of pesticides, emphasizing household products. The company presented the DVD and other outreach materials at several food marketing conferences. An additional presentation is planned for the California Grocer’s Association Expo in October.

In addition, Albertsons will develop a brochure providing an overview of EPA compliance responsibilities for retailers of pesticides and distribute the brochure to thousands of retailers. The DVD and brochure will be available on the Food Marketing Institute’s Web site, www.fmi.com, later this year. The 2001 Cancellation Order was an agreement between EPA and companies holding registrations of end use products containing chlorpyrifos. After finding that chlorpyrifos used in residential settings posed an exposure risk to children, EPA’s order placed use restrictions and cancellations aimed at reducing this potential exposure. The insecticide is used to control common insects including fleas, ticks, termites and cockroaches.

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April 25, 2007

EPA, Chemical Corporation Reach Settlement for Pesticide Violations
Mt. Hood Chemical Corporation (Mt. Hood), located in Portland, Oregon, has agreed to pay a penalty of $90,000 in order to settle claims for 31 alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Mt. Hood has also agreed to conduct a full environmental audit of their Portland, Oregon facility, including non-pesticide related areas and processes, and to provide specialized FIFRA training for employees involved in any aspect of pesticide production, sales, and distribution. The settlement was reached following an investigation by inspectors with EPA and announced from the Agency’s regional headquarters in Seattle, Washington. EPA’s inspection of the company’s Portland facility was prompted by its review of a report from a March 22, 2005 inspection conducted by the Oregon Department of Agriculture (ODA). Labels from 11 Mt. Hood disinfectant products collected during the ODA inspection did not contain proper caution or warning statements. It also appeared that Mt. Hood was producing and selling a disinfectant product that was not registered with EPA. EPA investigated and issued orders demanding that Mt. Hood stop selling the 11 improperly labeled products and the unregistered disinfectant. Disinfectants for use on non-living surfaces are considered pesticides under FIFRA because they kill or destroy bacteria, which is considered a “pest.”

Subsequent to the ODA inspection, EPA also learned that Mt. Hood was selling five gallon pails of its unregistered Crown Bleach product with a competitor’s registered bleach label glued to the container. "Selling or distributing unregistered and improperly labeled disinfectant products is illegal,” said Chris Gebhardt, a FIFRA Enforcement Officer in EPA’s Seattle Regional Office. “Disinfectant products that lack updated information about first aid, disposal, and environmental hazards can potentially harm people and the environment.” In response to EPA’s investigation and stop sale order, Mt. Hood worked cooperatively with EPA and its business partners to promptly correct the labeling problems and satisfy conditions allowing them to resume sales of the above products.

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April 11, 2007

Hendrix and Dail Settles Pesticide Violations
Hendrix and Dail has agreed to pay a $15,000 penalty to settle alleged violations of federal pesticide regulations that occurred at a nursery in Montgomery County, Pennsylvania, EPA announced. Hendrix and Dail, a commercial pesticide applicator, is headquartered in Greenville, North Carolina. EPA cited Hendrix and Dail for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide-production facilities, the proper labeling of pesticides, and the proper handling and application of pesticides. FIFRA's 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.

EPA alleged that Hendrix and Dail violated five FIFRA worker protection standards (including pesticide label requirements) concerning the application and use of a restricted use pesticide MBC-33 at a nursery in Montgomery County, Pa., in June 2003. The violations include failure to: post warning signs; failure to ensure the nursery was aware of necessary safety information related to the pesticide; allowing improperly trained and equipped handlers to assist with the application process (nursery employees shoveled dirt onto the edge of the tarpaulin used in the application); and two counts related to the tarpaulin being removed without the direct supervision of a certified applicator. As part of the settlement, the company neither admitted nor denied liability for the alleged violations. The company has certified to EPA that it currently is complying with applicable provisions of FIFRA and the applicable pesticide label requirements with respect to each pesticide application it is performing in the United States.

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April 9, 2007

EPA Fines The Clorox Company for Violating Federal Pesticide Laws
EPA filed a complaint seeking $177,300 against The Clorox Company, an Oakland, California, based manufacturer, for the alleged distribution of unregistered and mislabeled disinfectant bleach intended only for Asian export. EPA is seeking a penalty from The Clorox Company for distributing export-only unregistered pesticides within the United States. In addition, the disinfectants contained Chinese and English labeling, without adequate directions for use and lacked the required statement: “Not Registered for Use in the United States of America.”

"Companies must ensure that all pesticides meant solely for export do not enter into the U.S. market,” said Enrique Manzanilla, EPA’s Community and Ecosystems Division director for the Pacific Southwest. “Selling or distributing unregistered, mislabeled pesticides is a serious violation that can result in harm to public health and the environment.” Discrepancies identified in The Clorox Company’s 2005 pesticide production report led EPA enforcement officials to conduct a detailed investigation that uncovered 38 violations of federal pesticide law. The Federal Insecticide, Fungicide and Rodenticide Act requires companies that produce export-only unregistered pesticides, including disinfectants, to report that production annually. These unregistered pesticides must be clearly marked with the required labeling to prevent the products from inadvertently entering the U.S. market. These requirements protect public health and the environment by ensuring safe and effective handling, application, and disposal of pesticides, and by preventing false, misleading, or unverifiable product claims. The law also prohibits marketing of misbranded, improperly labeled, or adulterated pesticides.

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April 6, 2007

EPA Settles for $20,800 With California Company for Pesticide Violations
EPA has settled with Oculus Innovative Sciences, Inc. of Petaluma, California, for $20,800 for allegedly distributing an antimicrobial disinfectant that failed effectiveness testing, in violation of federal pesticide laws. EPA cited Oculus for allegedly distributing Cidalcyn. The product claims to be a hospital-grade disinfectant that will eliminate potentially harmful bacteria. Sampling results show the product is not effective against certain bacteria. "In order for a company to sell a hospital-grade disinfectant, the product needs to eliminate harmful bacteria, and Cidalcyn simply does not,” said Enrique Manzanilla, EPA’s Communities and Ecosystems Division director for EPA’s Pacific Southwest Region. “If EPA finds that a product fails testing for product effectiveness, the company can expect significant penalties.”

In September 2005, EPA inspectors conducted an inspection at the Oculus facility and collected samples of Cidalcyn for testing. EPA’s Office of Pesticide Programs microbiology lab then tested the effectiveness of Cidalcyn and determined that contrary to the label’s claim, it was ineffective against Pseudomonas aeruginosa and Staphylococcus aureus. Due to this testing failure, the pesticide does not meet its claim of being a broad-spectrum disinfectant suitable for hospital use. Once notified of this failure, Oculus stopped distributing the product and is working with EPA to modify its registration. 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. Before selling or distributing any pesticide in the United States, a company must register it with EPA. As part of the registration process, the company must ensure that the pesticide meets the claims made on its label.

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March 27, 2007

EPA Fines Two Suffolk County Firms For Selling Off-Spec, Misbranded Products
A pesticide producer and a telemarketer and distributor in Suffolk County, New York will pay a total of $145,000 for violating the federal pesticide law. Both companies allegedly sold off-spec, misbranded products, with the second also making false claims, according to EPA. The Agency cited the Topaz Turf Corporation in Holtsville and its distributor, Southern Chemical Supply, Inc. in Bohemia. In its complaint, EPA alleged that both companies had been involved in distributing off-spec and misbranded pesticides to the public since at least October 2003. Topaz has agreed to pay $65,000 and Southern has agreed to pay $80,000 in financial penalties under the agreements with EPA. "Companies which sell misformulated, unregistered or misbranded pesticides to unsuspecting customers and telemarketers that make misstatements about products will pay a stiff price for their disservice to the public and the environment, both in fines and the trust of their clients,” said EPA Regional Administrator Alan J. Steinberg. “EPA and its partners in the states are keeping a close eye on would be violators.”

Any pesticide product, such as a weed killer, contains a certain percentage of active chemical ingredients approved by EPA for a specific end-use. By law, these registered formulations must match the information on the product label and must have the correct EPA product registration numbers. The percentage of active ingredient in the weed killer sold by Topaz and/or Southern didn't match the claims made on the labels. In addition, the Agency cited Topaz for selling an unregistered product designed to kill insects on plants and for failing to maintain and furnish records on this product. EPA also found that Southern made misstatements in its telemarketing messages to customers when selling the pesticides.

In February 2006, after discovering the violations during inspections conducted jointly with the New York State Department of Environmental Conservation, EPA ordered both companies to stop selling their products. Both companies stopped selling the pesticides identified in EPA’s Orders. Topaz wrote EPA in April 2006 indicating that it had conducted an investigation of the problems in manufacturing and documentation that were uncovered by EPA and the state and that it corrected the problem by implementing a new quality control program during the production process. As part of the settlement, Topaz will submit to EPA a copy of its new program aimed at ensuring the problems in the manufacturing process do not reoccur. Southern Chemical is no longer in business.

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February 14, 2007

EPA Settles With Burlingame Company for Allegedly Selling Improperly Labeled Pesticides
EPA fined a Burlingame, California water treatment company $111,488 for selling pesticides that were missing critical label information. Garratt-Callahan manufactures disinfectants for use in cooling towers, boilers and water treatment equipment. According to the administrative complaint that EPA filed against Garratt-Callahan, the products in question were missing various portions of the label text, including directions for proper use. One of the products, Formula 305, was missing text regarding the dangers of mixing the product with ammonia. In addition, it was lacking information on the reuse of the container and first-aid instructions. The sale or distribution of a pesticide that is not properly labeled is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. This federal law requires specific labeling on pesticides before they can be sold or distributed. “Improper labeling can result in harm to the user or the environment,” said Enrique Manzanilla, director of EPA 's Communities and Ecosystems Division for the Pacific Southwest region. “To ensure the safe use of pesticides, registrants are required to provide accurate product information and instructions, which should appear on the product label.” The violations were discovered after an inspector from the California Department of Pesticide Regulation visited one of Garratt-Callahan’s manufacturing plants on Rollins Road in Millbrae in 2004.

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January 31, 2007

EPA Orders Southern California Company to Stop Distributing Pesticide
EPA has ordered a San Juan Capistrano, California company to stop distributing samples of a pesticide that lacked important safety information and directions for use. EPA determined that American Mold Guard, located at 30200 Rancho Viejo Road, had been repackaging AMG-X40 - a registered pesticide - into 2 oz. containers, and distributing them as samples to customers who received their mold remediation services. The samples were missing most of the pesticide's required labeling, including warnings against skin contact and first aid directions in case skin contact occurred. "Federal law requires that pesticide labels carry appropriate use directions and warnings," said Enrique Manzanilla, director of the Communities and Ecosystems Division for EPA's Pacific Southwest Region. "Consumers need the correct information to ensure that they are applying pesticide products safely and correctly." American Mold Guard now faces possible fines of up to $6,500 per violation. Producers, sellers, and distributors must ensure that pesticides are labeled with an EPA Registration Number, an EPA Establishment Number that identifies the production facility, information concerning the producer, directions for use and other safety information necessary to protect consumers and the environment. This action was based on a December 2006 inspection conducted by the California Department of Pesticide Regulation, at EPA's request.

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January 18, 2007

EPA Settles for $4,680 With Pest Control Device Company
EPA has reached a settlement for $4,680 with a Burbank, California, company for failing to submit an annual report for its 2005 production of pest control devices, a violation of federal pesticide law. EPA cited Steril-Aire, a manufacturer of pest control devices, for failing to submit an annual production report required by the Federal Insecticide, Fungicide, and Rodenticide Act. Although Steril-Aire filed the required production reports with EPA in 2001 through 2003, it failed to do so in 2005 after a warning in 2004. As part of the settlement, Steril-Aire has now submitted the required documentation.

"Reporting requirements detailing a company's production of pesticide control devices are necessary in EPA's effort to ensure safe management and distribution of these devices," said Enrique Manzanilla, EPA's Communities and Ecosystems Division director for EPA's Pacific Southwest Region. "It only takes a few steps to stay in compliance with federal pesticide regulations." Before selling or distributing any pesticide or pest control device in the United States, a company must register the production establishment with EPA. As with pesticides, pest control devices must then be identified in pesticide production reports submitted annually to EPA. The enforcement case was based on a compliance review of production reports performed by EPA earlier this year.

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