EPA v. BAYER CROPSCIENCE LP

Case summary

On December 8, 2014, Region 1 filed a Consent Agreement and Final Order (CAFO) resolving a case against Bayer CropScience LP of Research Triangle Park, North Carolina, brought under FIFRA. The CAFO is the result of pre-filing settlement negotiations regarding civil penalty claims against Bayer, a primary registrant of pesticides under Section 3 of FIFRA, for several violations of FIFRA Section 12(a)(1)(E) relating to misbranded pesticides. The violations alleged in the CAFO arise out of the actions of Bayer as ?supplemental distributor? and agent 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 rules at 40 C.F.R. ? 152.132. Under those regulations, both primary registrants and supplemental distributors may be held accountable for the violative acts of the distributor. The violations were documented by Region 1 and involve transactions that are associated with Harrell?s distribution centers in Danbury, Connecticut and Auburn, Massachusetts. This settlement requires Bayer to pay an $85,500 penalty within 30 days and to certify that it is in current compliance with FIFRA.

Defendants (1)

• BAYER CROPSCIENCE LPNamed 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)

• BAYER CROPSCIENCE LPentered 2014-12-08

  Primary law: FIFRA

  Federal penalty: $85,500

Timeline (3 milestones)

• 2014-12-08Final Order Issued
• 2014-12-08Complaint Filed/Proposed Order
• 2014-12-09Enforcement Action Data Entered