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EPA Proposes $83,600 Penalty Against an Idaho Company, Dairy Health, Inc. for 19 Alleged Violations of Federal Pesticide Laws

Release Date: 4/11/2000
Contact Information: Mark MacIntyre
macintyre.mark@epamail.epa.gov
(206) 553-7302

April 11, 2000 - - - - - - - - - - 00-21


Immediate Release

The U.S. Environmental Protection Agency has proposed an $83,600 penalty against Dairy Health, Inc. of Nampa, Idaho, following an investigation by officials of the Idaho State Department of Agriculture(ISDA) that uncovered 19 alleged violations of federal pesticide laws.

The alleged violations included involved 17 counts of the mis-labeling, repackaging and adulterating pesticides that were subsequently sold & distributed to several Idaho dairies. State inspectors visited the dairies and found that in many cases the products were mis-labeled, improperly packaged or mis-identified. Two additional counts were for Dairy Health, Inc. not being registered with EPA as a pesticide producer and failure to keep records as required by federal law.

“Distributing and using improperly identified pesticides can pose real health hazards to dairy workers and their animals,” said Marie Jennings, EPA Pesticides Unit Manager in Seattle. “We hope that today’s action, taken in partnership with the Idaho State Department of Agriculture, will send a clear message that we will vigorously pursue and penalize anyone who handles pesticides irresponsibly and jeopardizes human health and the environment. Serious violations demand serious penalties.”

The violations alleged in the complaint include:

Sale of unregistered pesticides (8 counts)	$35,200
Sale of misbranded, adulterated pesticides (9 counts)	$39,600
Records not maintained and available (1 count)	$4,400
Producing pesticides in non-registered establishment(1 count)	$4,400
TOTAL PROPOSED PENALTY	$83,600

Pesticide manufacturing, packaging, distribution and use is governed by the Federal Insecticide, Fungicide and Rodenticide Act(FIFRA). The federal law is implemented in Idaho by the ISDA under a cooperative agreement between that agency and the EPA.

While being named in today’s Complaint, the Respondent(Dairy Health, Inc.) neither admits nor denies any of the allegations contained therein. The company must respond to the EPA within 30 days to either arrange for a settlement conference or to make arrangements to pay the proposed penalty.