EPA v. E I DU PONT DE NEMOURS AND COMPANY

Case summary

On September 29, 2014, Region 1 filed a CAFO resolving a case against E.I. du Pont de Nemours and Company of Wilmington, Delaware, brought under FIFRA. The CAFO is the result of pre-filing settlement negotiations regarding civil penalty claims against DuPont for several violations of Section 12(a)(1)(E) of FIFRA relating to misbranded pesticides. The violations alleged in the CAFO arise out of the actions of a DuPont “supplemental distributor” ―Harrell’s, LLC of Lakeland, Florida which, itself, was the subject of a much larger FIFRA settlement in December 2013― by operation of the FIFRA regulations at 40 C.F.R. § 152.132. This settlement requires DuPont to pay a $22,200 penalty and to certify that it is in current compliance with FIFRA and provided true and accurate information to EPA during the course of its investigation. FIFRA prohibits the distribution or sale of misbranded pesticides so that end users and members of the public have accurate, up-to-date, and compliant information about any pesticide in the marketplace.

Defendants (1)

• E I DU PONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement

Facilities (1)

• HARRELLS LLC

  34 EXECUTIVE DRIVE, DANBURY, CT, 06810

  Registry ID: 110046310327

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• E I DU PONT DE NEMOURS AND COMPANYentered 2014-09-29

  Primary law: FIFRA

  Federal penalty: $22,200

Timeline (3 milestones)

• 2014-09-29Final Order Issued
• 2014-09-29Complaint Filed/Proposed Order
• 2014-10-07Enforcement Action Data Entered